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.)
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)
|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
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
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.
AP Mom to 5
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.
mama to 7 amazing children married to my main man for 24 years and finally home FULL time
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.
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.
DH&Me Christ follower, homeschooler, gardener, (insert lots of additional crunchiness here) chicken mama, & occasionally blogger. Mama of boys 9,7,3.5,&11months....& SURPRISE expecting a BOY in November! 7 sweet-babes gone too soon.
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.
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.
- E . Single mom to DS E (15.12.05), T (reincarnated 18.04.08) and DD A (11.02.11) and Hoppy
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.