ob won't release records to midwife, what to do? - Mothering Forums

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Old 07-07-2010, 03:31 PM - Thread Starter
 
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So I recently got fired by my ob....it's a long story.... I mentioned in passing to a nurse, that we were considering getting a midwife for a homebirth, two weeks letter I got a letter in the mail firing me a patient..... so anyway... in the letter I recieved it offers to send my records, for a large fee of course, to a new obgyn. When I called the office, they informed me that they would not give me copies directly, or my midwife. How can a doctor deny me access to my own medical records? Is my midwife not an equal partner in healthcare? Not to mention I had pending labs results that I have not been given, seeing how I was fired and all. Because I even considered hiring a midwife, I am without prenatal care, and I am scrambling to find a midwife. We were pretty sure we wanted to hire a midwife anyway, but we weren't expecting all of this. And if a dr feels strongly against homebirth, take the time to explain it to your patient, instead of sending a certified letter.
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Old 07-07-2010, 03:39 PM
 
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That sounds pretty illegal to me. I would contact the hospital that your OB is affiliated with, and speak to the patients representative - ask them what your course of action should be.

Or, you could show up demanding your records and refuse to leave until you get them. They can't legally deny you the right to your own records (at least I don't think they can - if they do, ask them what authority they have to deny you YOUR records, or ask to speak with their lawyer.)
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Old 07-07-2010, 03:43 PM
 
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If you are in the US, you have legal rights to your records, and to your lab results. What exactly did the Dr's office tell you when you asked them for your records? I would send a formal certified letter asking for your full records, including all lab results. That would be a start. I've never heard of a Dr refusing to provide records before...
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Old 07-07-2010, 03:44 PM
 
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In MA, Medical records are sent for free from medical professional to medical professional. Depending on your state and your states laws on Midwifery and in particular homebirth midwifery and how they are licensed/certified, they may not release them for free to her, but YOU always have the right to your medical records, they may charge you though. usually it is charged per page to send to you. It sounds like a whole bunch of ego-filled BS to me. I would send your OB a letter, firing him back and tell him you LEGALLY have the rights to your medical records and will persue them legally if you have to.

Torre , Momma to Abrielle (4/07) and Annalise (7/09), Birthdoula, CNA, Aspiring Nurse, and wanna-be baby catcher. I ATE MY !
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Old 07-07-2010, 03:44 PM
 
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I posted in the other one:

I'm pretty sure that's not legal. They are YOUR records!

Yep, according to HIPAA they must release your records to you: http://www.hhs.gov/ocr/privacy/hipaa...ers/index.html
(click on What Rights Does The Privacy Rule Give Me Over My Health Information)

Quote:
Health Insurers and Providers who are covered entities must comply with your right to:

* Ask to see and get a copy of your health records
~snip~
If you believe your rights are being denied or your health information isn’t being protected, you can

* File a complaint with your provider or health insurer
* File a complaint with the U.S. Government
I would, in person, politely remind them that they are legally required to give you a copy of your records. They'll probably charge you for them (printing fees usually) but they must release them to you!

Kas (24), Helpmeet to Stefan (25), Mom to Franklin Gaudelio 4/15/09, Jonathan Boswell 1/2/11
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Old 07-07-2010, 03:44 PM
 
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That sucks. I have no advice, but have been "fired" by several OBGYN's in my time. It's just yucky!

Married to Michael and Mother of Jake 9, Jillianne 7, Jensen 5, Jacen 4. I've got severe osteoporosis, a fractured hip and chronic pain-so please be patient with me! Pagan,Crocheter,Reader,Homeschooler- that's me in a nutshell.

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Old 07-07-2010, 03:45 PM
 
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If in the US, that is illegal. They have no legal right to keep your records. Period. You are allowed a copy of them. Tell them if they do not, you will consider legal action and contacting HIPAA.

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Old 07-07-2010, 03:47 PM
 
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They can charge you to copy your records, however those records are legally yours. They cannot refuse to release them to you. I would let then know that you are aware you have the right to your medical records and that you intend to not only pursue it legally, but to file a complaint against the OB to the medical board. That is so wrong!

Kerry, happy wife to hubby Chad, mama to ds 6, Rainbow ds 2, and 4
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Old 07-07-2010, 03:47 PM
 
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http://www.health.state.ny.us/publications/1443/

i found this link. he has to let you look at your medical records and provide you with a copy in a reasonable amount of time. i am not sure how many pages your record is but at 75 cents a page plus postage it could add up, BUT he still has to send them to you or you can file a claim. you could always threaten with a claim/law suit and see if they send you a copy.

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Old 07-07-2010, 03:48 PM - Thread Starter
 
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I asked that my records be transfered to my midwife when I find one, I was told that they will only transfer records to another obgyn. I live in Texas, midwives are legal and homebirth is fairly popular in my area.
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Old 07-07-2010, 03:49 PM
 
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The only time I have heard of any records in the US being refused to be released was when a friend of mine tried to get his psychiatric military report. They explained that due to the sensitive nature of the report, they could only release it to someone certified to read such reports. In other words, they wanted to send it to another doctor that knew all the jargon and could interpret so that he could get a clarified version instead of just a laymans interpretation.

Could you go through a practice that had regular OB's and midwives? I signed up with a midwife with the option of switching to an OB if things got too complicated (I have a bleeding disorder). Then they shouldn't have a problem releasing your records to them.

Good luck.

I'm a mother to one, stepmother to one and wife to my one.
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Old 07-07-2010, 03:49 PM
 
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Quote:
Originally Posted by clarasmom View Post
I asked that my records be transfered to my midwife when I find one, I was told that they will only transfer records to another obgyn. I live in Texas, midwives are legal and homebirth is fairly popular in my area.
Even if they won't send them you have the right to have them handed to you.

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Old 07-07-2010, 04:00 PM
 
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HIPPA Privacy Rule Summary General Principle for Uses and Disclosures
Basic Principle "A covered entity must disclose protected health information in only two situations: (a) to individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information"

Covered Entity Every health care provider, regardless of size, who electronically transmits health information in connection with certain transactions, is a covered entity. These transactions include claims, benefit eligibility inquiries, referral authorization requests, or other transactions for which HHS has established standards under the HIPAA Transactions Rule.6 Using electronic technology, such as email, does not mean a health care provider is a covered entity; the transmission must be in connection with a standard transaction. The Privacy Rule covers a health care provider whether it electronically transmits these transactions directly or uses a billing service or other third party to do so on its behalf. Health care providers include all “providers of services” (e.g., institutional providers such as hospitals) and “providers of medical or health services” (e.g., non-institutional providers such as physicians, dentists and other practitioners) as defined by Medicare, and any other person or organization that furnishes, bills, or is paid for health care.


They MUST under HIPPA give you or your authorized (by you) representative, ie. your midwife a full copy of your medical records with them.

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Old 07-07-2010, 04:04 PM
 
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Quote:
Originally Posted by clarasmom View Post
I asked that my records be transfered to my midwife when I find one, I was told that they will only transfer records to another obgyn. I live in Texas, midwives are legal and homebirth is fairly popular in my area.
Where in Texas are you?

I'm pretty sure he cannot refuse to provide them to a CNM or CPM (both of which are legal and recognised in Texas), though I cannot say for sure. My midwife was able to get my records from the hospital I went to for a couple of appointments before I found her, I just had to sign a release.

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Old 07-07-2010, 04:11 PM
 
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OP, I'm a medical records clerk and the PP are right, they are legally obligated to supply you with copies of your records if requested. They are also allowed to charge you for them. My office charges a $5.00 search fee and $1.00 per page up to 25 and $.50 per page after that, which I believe is the maximum allowable amount. Therefore, if you have 30 pages of records, you'd pay $5.00 + $25 + $2.50 = $32.50. You may have to pay for shipping charges as well.

If I were you, I'd go to the office (also good idea to call first), and tell the front desk you'd like a copy of your records. You don't have to tell them what it is for - it's none of their business. If they ask, you can say it's for your own personal record, for your insurance, etc. (FYI, some clinics don't charge if you say they are for another doctor.) They'll have you sign a release and pay the fees (if required) and that's that. Then you can give them to anyone you want. I'd recommend keeping a copy for yourself so you'll have them on hand when needed.

Lori ~ wife to DH 5 yrs ~ DS born naturally 11.20.10!
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