Medical Files Question

bstratt

bstratt

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I go to a GP who was part of a "partnership" medical clinic. She had a falling out with the senior partner and left to establish her own practice. I would like to follow her to her new practice and spoke to the "partnership" about picking up my medical files. They tell me there is a $30 charge for giving me my files!

Doesn't seem fair to me as they are "my" files. Is this legal?
 
bstratt said:
I go to a GP who was part of a "partnership" medical clinic. She had a falling out with the senior partner and left to establish her own practice. I would like to follow her to her new practice and spoke to the "partnership" about picking up my medical files. They tell me there is a $30 charge for giving me my files!

Doesn't seem fair to me as they are "my" files. Is this legal?
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Check with the state medical board.

I know in Colorado, legal files must be turned over a client upon request short of internal, working documents related to billing, etc. I can't imagine medical files being much different.

If it means getting the original documents out of their hands, the thirty bucks may be worth it. Odds are they'll still retain copies at the very least.
 
They have to give you a copy, but in most states, they are allowed to charge a "reasonable" fee to make the copy. $30 seems reasonable to me.
 
Barry-
I had a doctor in Florida tell me something similar after a not so pleasant falling out about 18 years ago. When I informed him I would be contacting the state licensing board (or some such agency, I can't recall at the moment) to inquire about the lawfulness of the charge, he had them to me the next day at no charge. YMMV :yes:
 
kevin47881 said:
Barry-
I had a doctor in Florida tell me something similar after a not so pleasant falling out about 18 years ago. When I informed him I would be contacting the state licensing board (or some such agency, I can't recall at the moment) to inquire about the lawfulness of the charge, he had them to me the next day at no charge. YMMV :yes:
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That could very well work. Most in such positions do not want the attention of a supervising or licensing board. It just puts them closer to the microscope when their name comes up on a truly critical issue.
 
When I changed docs a few years ago, they also had a copying fee. Seems reasonable - somebody has to make copies of all the files, and dig the old ones out of the vault.
 
They must retain a copy for themselves, and (again, depending on state law), certain parts of your file are considered private work products and are not "yours".

When I worked at a clinic in NJ (late 80s) a patient would get a copy of all labs, and an abstract of dates, complaints, diagnosis, and treatment, but they would not get the doctor's handwritten notes.
 
bstratt said:
Why copies? Why not just give me the originals?

Is this some sort of liability thing?
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It's a record of standard of care issue. Regulations will vary from state to state, and licensing board to licensing board though. In my jurisdiction, the original records are the property of the practitioner and must be maintained for 5 years. They have to be made available to the regulating agency for up to 4 years from the last date of treatment for any open investigation. If you file a complaint on them for a standard of care issue (or any reason really), those original records are crucial in the investigation. But, here anyway, the practitioner must provide you copies of ALL records upon your written request. They can charge a copying fee for them up to a maximum stipulated in the agency rules though.

Here it's a violation for them to release any original portion of the records to the patient. The only entity they can give originals to is the licensing agency or some law enforcement/regulatory agency with jurisdiction or under court order.
 
We deal with this often when people move. I would like to see the cost buried in the initial visit, but that's not seen as 'fair' (some don't ever need a copy) so its often just forgotten about. As a result the licensing boards say any professional must provide a copy at a reasonable fee (some states/professions dictate a limit, others just
say 'reasonable' amount) to cover the office's cost to make the copy. (includes written notes, lab tests, radiographs, ultrasound images etc. etc). And its not like you the patient own the record and "just want what's yours", you paid to have it made, and the doc owns it.
Barry's case is special - there is a hostility between the two new clinics - exact thing happened here a few yrs ago. With the hostility comes the natural tendancy for Dr. 1 to not want to help anyone following Dr.2 - here, dr1 refused initially to provide any records! ...til he learned of the rules. And charging makes you look Really Bad so many provide them free (we do unless its hours of work).
Its another cost of doing bidness; a paid employee banging at the copier and fax for hours each day going through paper and ink and tying up the phone line all at with no $ return.
 
Let'sgoflying! said:
Barry's case is special - there is a hostility between the two new clinics - exact thing happened here a few yrs ago. With the hostility comes the natural tendancy for Dr. 1 to not want to help anyone following Dr.2 - here, dr1 refused initially to provide any records! ...til he learned of the rules. And charging makes you look Really Bad so many provide them free (we do unless its hours of work).
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It might be worth a check with the state regulatory board to see if the treating doc has a right to access to the records even if they have left the clinic where the records were created in. I have to have a chat with my docs all the time to point out a state law here that says ANY treating doc has a right to access records of any patient they treated at a clinic even if they no longer work at the clinic. The clinic owner can't refuse. The records really belong to any treating doc, not just the one who owns the clinic in a multi-practitioner clinic. Failure to provide the records to the treating doc is a Class B misdemeanor here if the request is to respond to an inquiry from the board.
 
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bstratt said:
Why copies? Why not just give me the originals?

Is this some sort of liability thing?
Click to expand...

Partially, and partially legal requirement for record keeping. They may very well give you the original and keep the copy, just pay the $30 and be done with it, in the grand scheme of things, it's probably not worth hasseling over.
 
ausrere said:
It might be worth a check with the state regulatory board to see if the treating doc has a right to access to the records even if they have left the clinic where the records were created in. I have to have a chat with my docs all the time to point out a state law here that says ANY treating doc has a right to access records of any patient they treated at a clinic even if they no longer work at the clinic. The clinic owner can't refuse. The records really belong to any treating doc, not just the one who owns the clinic in a multi-practitioner clinic. Failure to provide the records to the treating doc is a Class B misdemeanor here if the request is to respond to an inquiry from the board.
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I was wondering the same thing. The doctor that treated me moved. The remaining doctor I've never seen! How does he get to keep my records? I'm guessing its that legally it was the "partnership" that treated me but it seems weird.
 
Barry, pay the $30, take the records to your doc and request they discount your first visit the $30 as a goodwill gesture. Me thinks the "investment" they make to keep you as a patient is well spent.
 
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