Guest guest Posted October 28, 2001 Report Share Posted October 28, 2001 Information from the Medical Board of Examiners in Geoergia about laws regulating obtaining medical records in Georgia are: http://www.medicalboard.state.ga.us/consumer_faq.html Information About Your Medical Records: As a patient, aren't my medical records my personal and confidential property? No, a patient does not " own " his or her personal medical record(s). Medical record(s) are confidential by state law and should be treated as confidential material. You, as the patient, have the right to have your medical record(s) kept confidential and only you may release, in writing, the contents of your record(s). The exception to this is if the medical record(s) is needed for a criminal or civil proceeding and may be subject to subpoena (O.C.G.A. § 24-9-40). The actual " record " is in " the custody and control " of the health care provider or health care corporation providing the service. However, Georgia law, (O.C.G.A. § 31-33-3(a)), requires a physician to provide a current copy of the record to the patient under most circumstances. Also, O.C.G.A. § 31-33-3( allows a patient or his/her designee to receive a copy of the requested record (s). Physicians may, under state law, charge a reasonable fee for the copying of records. Are there any legal exceptions to me obtaining a copy of my personal medical records? Yes, O.C.G.A. § 33-31-3© allows a physician to refuse to give a patient a copy of their medical record(s) if the health care provider, in good faith, believes that revealing the contents of the record(s) may cause the patient physical or mental harm. However, the patient may request that the record(s) be sent directly to a new designated health care provider without the patient knowing or viewing the contents of the record(s). Also, psychiatric, psychological or other mental health records are exempted (O.C.G.A. § 31-33-4). I am having difficulty obtaining my medical records from my previous doctor. May I file a complaint with the Georgia Medical Board so I may obtain assistance in getting my medical record? If you are having difficulty getting a copy of your medical record(s), we would prefer to assist you. First, you should make every reasonable effort to obtain the record(s) in writing. Below is a sample note of what you should say in writing to request the record(s): Dear Dr. (Last Name): Please send a copy of my medical record(s) to my new physician, Dr. (First Name) (Last Name). Dr. (Last Name)'s address is: street address, city, state zip code. My initial visit with this physician to review my medical history is on: day, month, date, year. It would be greatly appreciated if you could have my record(s) there at least five (5) days in advance of this date to give Dr. (Last Name) an opportunity to review the file before hand. If you have questions or concerns regarding this request, I may be reached at (daytime telephone number). Or, Mr/s. (First Name) (Last) is Dr. (Last Name)'s Office Manager and s/he may be reached at (office telephone number) if you need further explanation of the information being requested. Sincerely, Signature Day, Month, Year Be sure to date the letter. Give the physician at least three (3) weeks notice, if possible. After 3 business days of submitting the request in writing, follow up with a telephone call to make sure the physician's staff clearly understands what is being requested. Check with your new physician at least a week before your first appointment to make sure the record(s) have arrived. If, after making every reasonable attempt to obtain your records, and you are unsuccessful, you have the right to file a complaint with the Georgia Medical Board. However, remember, the complaint process is a lengthy investigative process and may not be the best route to follow if you need your records on an urgent basis. We will try to assist you in emergency situations. How do I obtain a copy of my hospital medical record? Instead of addressing your letter (please refer to previous question) to an individual physician, you should call the hospital and find out who is in charge of the Medical Records Department for the hospital. By calling ahead of time, you will be able to inquire about the cost of providing this service. You may have to put your request in writing and then receive correspondence seeking payment for the copying charges in advance. When writing to a large institution such as a hospital, be sure to address your written request to the hospital and to the supervisor of the Medical Records Department. Inquire whether or not a " mail stop " code needs to be included in the address to ensure prompt delivery. In your letter, you should clearly indicate where and to whom you would like a copy of your hospital medical records sent. As with any request being made of a large institution, you should allow six to eight weeks for delivery. My doctor is charging me $50 to copy my medical records. I think this is outrageous. Can my doctor charge me this much for a copy of my medical records? A physician may charge the " reasonable cost of copying and mailing patient records, " (O.C.G.A. § 31-33-3), and, the physician may even require the payment " up front " , (before providing the records). However, no additional charges may billed for providing this service. Unfortunately, " . . . reasonable cost of copying and mailing . . . " is not defined in statute. The generally accepted cost is twenty-five cents per page, (excluding copies of x-rays and other diagnostic tests which are much more expensive to reproduce.) Many doctors do charge a flat fee such as $50 for copying medical records for viatical settlement companies and other legal entities. Are there exceptions to charging for a copy of my medical records? Yes, if you are applying for disability benefits with a county, state or federal agency and your medical records are needed to assess your disability, a physician may not charge for a copy of your medical records (O.C.G.A. § 31-33-3(a)). > Hello again, I called the Dr.'s office on Friday to make sure the > address was correct so that I can send a registered letter on Monday > morning. I was not aware that I was speaking with his nurse. She > asked me why I needed the address and I said that I needed to send > the Dr. a registered letter, she asked what it pertained to, so I > said " I'm sending a request form for my medical records " . This lovely > (not) nurse asked " Is this Roxanne " I replyed " Yes it is " . I was > informed that when the Dr. was my PCP he was in Louisiana, now that > he is in Atlanta, GA he does not have to give me my records. Is this > true??????? She never mentioned that they no longer were available, > just that because he wasn't in the same state he did not have to turn > them over. I kindly said " Thank You for confirming the address, I'll > be in touch " > What do you'll think? Can he do this? > I thought Doctors were about quality of life? I don't get it!! > Thanks, Roxanne Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 28, 2001 Report Share Posted October 28, 2001 Although you have the right to your records, generally the real life fact is that many healthcare providers resist giving them to the patient but will send them free of charge to another doc. The info I posted about how to get your records may help you. And I think you can e-mail the Medical Board as well or phone them. They may or may not have control over records that were generated in another state. But they do have some power with any doc who practices in their state. I'd get their help pronto. , Seattle > Hello again, I called the Dr.'s office on Friday to make sure the > address was correct so that I can send a registered letter on Monday > morning. I was not aware that I was speaking with his nurse. She > asked me why I needed the address and I said that I needed to send > the Dr. a registered letter, she asked what it pertained to, so I > said " I'm sending a request form for my medical records " . This lovely > (not) nurse asked " Is this Roxanne " I replyed " Yes it is " . I was > informed that when the Dr. was my PCP he was in Louisiana, now that > he is in Atlanta, GA he does not have to give me my records. Is this > true??????? She never mentioned that they no longer were available, > just that because he wasn't in the same state he did not have to turn > them over. I kindly said " Thank You for confirming the address, I'll > be in touch " > What do you'll think? Can he do this? > I thought Doctors were about quality of life? I don't get it!! > Thanks, Roxanne Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 28, 2001 Report Share Posted October 28, 2001 You may also want to take a look at th Health Insurance Portability and Accountability Act of 1996 (HIPAA), which was mentioned by someone earlier. http://www.hhs.gov/news/press/2001pres/01fsprivacy.html As a federal law, it supersedes your state law. It became effective on 4/14/01, but " covered entities " (i.e., your doctor, your insurance, etc) have until 4/14/03 to fully comply. It does give you the right to see and get copies of your records. It may be worth mentioning to your doctor. I would also tell your current doctor to request your medical records from the old doctor. Good Luck! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 29, 2001 Report Share Posted October 29, 2001 Perhaps you should find out why he left Louisiana. Was there a problem that he " ran " from or was " asked " to leave? Also, was he a part of a medical group? Sometimes the records stay behind with the group rather than following a single doctor. When an HMO that we were a part of went out of business, they notified all patients to pick up their records within so many days or they would be destroyed. I do not understand why a PCP doctor would remove records from one state and take them to another....(unless he knows that the patient is moving with him!) without offering the records to the patient or offering to forward all records to the doctor of your choice before he leaves! Are you sure that the record haven't already been destroyed? Sure makes me wonder! Good Luck! Jerry, Southern Gal from Louisiana waiting on approval. > >Reply-To: duodenalswitch >To: duodenalswitch >Subject: Difficult Dr. Part 2 >Date: Sat, 27 Oct 2001 22:17:23 -0000 > >Hello again, I called the Dr.'s office on Friday to make sure the >address was correct so that I can send a registered letter on Monday >morning. I was not aware that I was speaking with his nurse. She >asked me why I needed the address and I said that I needed to send >the Dr. a registered letter, she asked what it pertained to, so I >said " I'm sending a request form for my medical records " . This lovely >(not) nurse asked " Is this Roxanne " I replyed " Yes it is " . I was >informed that when the Dr. was my PCP he was in Louisiana, now that >he is in Atlanta, GA he does not have to give me my records. Is this >true??????? She never mentioned that they no longer were available, >just that because he wasn't in the same state he did not have to turn >them over. I kindly said " Thank You for confirming the address, I'll >be in touch " >What do you'll think? Can he do this? >I thought Doctors were about quality of life? I don't get it!! >Thanks, Roxanne > > >---------------------------------------------------------------------- > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 29, 2001 Report Share Posted October 29, 2001 Jerry, Bingo! I had the same impression you had. I don't think any doctor would move those records out of state, as his patients would not be following him. Those records would stay behind in any group partnership, or perhaps the good doctor destroyed them without notifying patients and now is playing the bluffing game because he did not meet the medical requirements to inform patients to get their records! I think the turkey could be running scared! But then again, I am into conspiracy theories! Laughing, theresa > Perhaps you should find out why he left Louisiana. Was there a problem that > he " ran " from or was " asked " to leave? Also, was he a part of a medical > group? Sometimes the records stay behind with the group rather than > following a single doctor. When an HMO that we were a part of went out of > business, they notified all patients to pick up their records within so many > days or they would be destroyed. I do not understand why a PCP doctor would > remove records from one state and take them to another....(unless he knows > that the patient is moving with him!) without offering the records to the > patient or offering to forward all records to the doctor of your choice > before he leaves! Are you sure that the record haven't already been > destroyed? Sure makes me wonder! > Good Luck! > Jerry, Southern Gal from Louisiana waiting on approval. > > > >From: " Roxanne " <RoxOnly@a...> > >Reply-To: duodenalswitch@y... > >To: duodenalswitch@y... > >Subject: Difficult Dr. Part 2 > >Date: Sat, 27 Oct 2001 22:17:23 -0000 > > > >Hello again, I called the Dr.'s office on Friday to make sure the > >address was correct so that I can send a registered letter on Monday > >morning. I was not aware that I was speaking with his nurse. She > >asked me why I needed the address and I said that I needed to send > >the Dr. a registered letter, she asked what it pertained to, so I > >said " I'm sending a request form for my medical records " . This lovely > >(not) nurse asked " Is this Roxanne " I replyed " Yes it is " . I was > >informed that when the Dr. was my PCP he was in Louisiana, now that > >he is in Atlanta, GA he does not have to give me my records. Is this > >true??????? She never mentioned that they no longer were available, > >just that because he wasn't in the same state he did not have to turn > >them over. I kindly said " Thank You for confirming the address, I'll > >be in touch " > >What do you'll think? Can he do this? > >I thought Doctors were about quality of life? I don't get it!! > >Thanks, Roxanne > > > > > >------------------------------------------------------------------- --- > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 29, 2001 Report Share Posted October 29, 2001 Theresa, Did you try calling the group that he was with and asking about the records? Some docs just seem to let the " power " go to their heads!!! Has your new doctor requested the records yet? You could have problems there, too. My mom's new PCP requested some records from another doctor and the old doctor sent my mom a bill for $16 for 3 pages of records!!! The new PCP said that they no longer request records from that group because of the billing of the patients!! Mom says that they can sue her if they want .....she signed a release for medical records at the new doctor's request and wasn't paying a dime for 3 pages!!! The old PCP's office manager told her that they charge $7.50 for the first page and $1.00 a page after that!! I have heard of a patient being charged if THEY requested the records but never when a doctor requested them! Oh, and the office manager also declares that there were 9 pages of records!! Now, who has a reason to be untruthful here??!! Good Luck, Jerry, Southern Gal from Louisiana waiting on approval. P.S. I have requested records from several doctors in my effort to gain approval for WLS and every doctor sent the records with only a faxed request and never charge anything. Seems that I've had some really great doctors in my past! > >Reply-To: duodenalswitch >To: duodenalswitch >Subject: Re: Difficult Dr. Part 2 >Date: Mon, 29 Oct 2001 20:57:09 -0000 > >Jerry, > >Bingo! I had the same impression you had. I don't think any doctor >would move those records out of state, as his patients would not be >following him. Those records would stay behind in any group >partnership, or perhaps the good doctor destroyed them without >notifying patients and now is playing the bluffing game because he >did not meet the medical requirements to inform patients to get their >records! > >I think the turkey could be running scared! But then again, I am >into conspiracy theories! > >Laughing, >theresa > > > > Perhaps you should find out why he left Louisiana. Was there a >problem that > > he " ran " from or was " asked " to leave? Also, was he a part of a >medical > > group? Sometimes the records stay behind with the group rather >than > > following a single doctor. When an HMO that we were a part of went >out of > > business, they notified all patients to pick up their records >within so many > > days or they would be destroyed. I do not understand why a PCP >doctor would > > remove records from one state and take them to another....(unless >he knows > > that the patient is moving with him!) without offering the records >to the > > patient or offering to forward all records to the doctor of your >choice > > before he leaves! Are you sure that the record haven't already >been > > destroyed? Sure makes me wonder! > > Good Luck! > > Jerry, Southern Gal from Louisiana waiting on approval. > > > > > > >From: " Roxanne " <RoxOnly@a...> > > >Reply-To: duodenalswitch@y... > > >To: duodenalswitch@y... > > >Subject: Difficult Dr. Part 2 > > >Date: Sat, 27 Oct 2001 22:17:23 -0000 > > > > > >Hello again, I called the Dr.'s office on Friday to make sure the > > >address was correct so that I can send a registered letter on >Monday > > >morning. I was not aware that I was speaking with his nurse. She > > >asked me why I needed the address and I said that I needed to send > > >the Dr. a registered letter, she asked what it pertained to, so I > > >said " I'm sending a request form for my medical records " . This >lovely > > >(not) nurse asked " Is this Roxanne " I replyed " Yes it is " . I was > > >informed that when the Dr. was my PCP he was in Louisiana, now that > > >he is in Atlanta, GA he does not have to give me my records. Is >this > > >true??????? She never mentioned that they no longer were available, > > >just that because he wasn't in the same state he did not have to >turn > > >them over. I kindly said " Thank You for confirming the address, >I'll > > >be in touch " > > >What do you'll think? Can he do this? > > >I thought Doctors were about quality of life? I don't get it!! > > >Thanks, Roxanne > > > > > > > > >------------------------------------------------------------------- >--- > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 30, 2001 Report Share Posted October 30, 2001 Roxanne, I agree with B. When I had to gather my medical records there were several years I doctored with a doctor who is no longer in practice. His practice was transferred over to someone else and they even moved. But I called them anyway and my records were still there, although in storage. But they were able to dig them out for me. Not sure if my 2 cents helps or not. Sheri G Post-op 9/28/01 Dr Herron Mt Sinai Hospital NYC Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 30, 2001 Report Share Posted October 30, 2001 Roxanne, When my doctor changed offices to another local city I needed to go to the old office to get my records. At that time I was told that the records stayed with the office not the doctor. Maybe this will help. Good Luck ===== B 36yrs Pre-op 11-13-01 BMI 49 BCBS of MI Blue Choice POS __________________________________________________ Quote Link to comment Share on other sites More sharing options...
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