RE: Medical Records

[Guest guest]

I disagree, under HIPAA, the patient has a

right to a COPY of his/her medical records or to READ the chart. The

actual, physical chart does not belong to the patient, but to the provider who

generated it. There is probably discrepancy as to the definition of “provider.”

Here is a link to more information about medical records specific to the state

of WA:

http://medicalrecordrights.georgetown.edu/stateguides/wa/wa.pdf

It does appear that the practice only has

15 days to provide records in the state of WA from the time the release is

received. I would demand that they produce all records to you within the

next 10 days or you will file a formal complaint with the Medical Board.

Pratt

Office Manager

Oak Tree Internal Medicine P.C

www.prattmd.info

From: [mailto: ] On Behalf Of Kathy Saradarian

Sent: Thursday, April 29, 2010

10:34 AM

To:

Subject: RE:

Medical Records

Kathleen,

I sort of agree with you. The information in the records belongs

to the patient. The actual physical records belong to the practice at

which the patient was seen. Doesn’t matter which doctor saw

them. Legally that practice needs to hang onto them. The practice

can charge for copying, reproducing them to anyone who wants them (and is

legally entitled).

But, maybe her contract said the individual charts of her

patients would belong to her. I don’t know. And, if she has a

signed release from the patient, there is a time limit for compliance which is

state regulated usually 14-30 days.

Kathy Saradarian, MD

Branchville, NJ

www.qualityfamilypractice.com

Solo 4/03, Practicing since 9/90

Practice Partner 5/03

Low staffing

From:

[mailto: ]

On Behalf Of Kathleen Patton

Sent: Thursday, April 29, 2010

1:29 PM

To:

Subject: Re:

Medical Records

Don't the

records legally belong to the patient, though the office in possession of the

records could charge for reproducing them?

On Apr 29, 2010,

at 1:07 PM, Pratt wrote:

a,

They must give you access so that you can

get YOUR records. They do not belong to your former employer. If it

is that important to you, go in and do it yourself. They can’t deny

you access to what is legally yours.

Pratt

Office Manager

Oak Tree Internal Medicine P.C

www.prattmd.info

From: [mailto: ] On

Behalf Of kristina_arnp

Sent: Wednesday, April 28, 2010 10:25 PM

To:

Subject: Medical

Records

When I left my prior clinic, I gave them a

hard drive to transfer patient medical records. I faxed releases as they came

in and had the majority of my patients registered by April 2009. The hard drive

has come back to me twice, once in June 2009 and last around November 2009.

One year later, I have only received half of the records that were requested.

The clinic manager is stalling again because the medical records person quit 6

weeks ago -- not really my problem. I finally told him last week that I will

pick up the hard drive on April 30 and the rest of the medical records had

better be on there with a stack of CD records if he runs out of space.

Seriously, it is drag and drop -- time consuming but not for a year! I don't

think he is going to do it and I am incredibly irritated...

Do I have some legal recourse or is this reportable to some agency? I am in WA

state and having trouble finding the rules.

Thanks in advance for your help.

a Garrido, ARNP

www.villagefamilyclinic.com

[Guest guest]

That is how I understand it. The record, that is the information, belongs to the patient. The original office/provider needs to retain at least a copy of the record for legal purposes. This can be scanned in to store electronically or the old fashioned microfiche way.Now that we are firmly in the emr age, it's not clear to me what the ownership of the information is, but clearly the patient has a right to it, and the original provider better keep some 'copy' of it. In terms of 'ownership', what amount of ownership can a web based service claim since some of the free services use data to sell. If the data is scrubbed, what 'ownership' does the patient have if any? There has to be a legal opinion on this somewhere. Maybe this is spelled out in the current regs. MassMed informed us that new HIPAA regs are forthcoming. , what's your take on this?I disagree, under HIPAA, the patient has a right to a COPY of his/her medical records or to READ the chart. The actual, physical chart does not belong to the patient, but to the provider who generated it. There is probably discrepancy as to the definition of “provider.” Here is a link to more information about medical records specific to the state of WA:http://medicalrecordrights.georgetown.edu/stateguides/wa/wa.pdf It does appear that the practice only has 15 days to provide records in the state of WA from the time the release is received. I would demand that they produce all records to you within the next 10 days or you will file a formal complaint with the Medical Board. PrattOffice ManagerOak Tree Internal Medicine P.Cwww.prattmd.infoFrom: [mailto: ] On Behalf Of Kathy SaradarianSent: Thursday, April 29, 2010 10:34 AMTo: Subject: RE: Medical Records Kathleen,I sort of agree with you. The information in the records belongs to the patient. The actual physical records belong to the practice at which the patient was seen. Doesn’t matter which doctor saw them. Legally that practice needs to hang onto them. The practice can charge for copying, reproducing them to anyone who wants them (and is legally entitled). But, maybe her contract said the individual charts of her patients would belong to her. I don’t know. And, if she has a signed release from the patient, there is a time limit for compliance which is state regulated usually 14-30 days. Kathy Saradarian, MDBranchville, NJwww.qualityfamilypractice.comSolo 4/03, Practicing since 9/90Practice Partner 5/03Low staffing From: [mailto: ] On Behalf Of Kathleen PattonSent: Thursday, April 29, 2010 1:29 PMTo: Subject: Re: Medical Records Don't the records legally belong to the patient, though the office in possession of the records could charge for reproducing them? a,They must give you access so that you can get YOUR records. They do not belong to your former employer. If it is that important to you, go in and do it yourself. They can’t deny you access to what is legally yours. PrattOffice ManagerOak Tree Internal Medicine P.Cwww.prattmd.infoFrom: [mailto: ] On Behalf Of kristina_arnpSent: Wednesday, April 28, 2010 10:25 PMTo: Subject: Medical Records When I left my prior clinic, I gave them a hard drive to transfer patient medical records. I faxed releases as they came in and had the majority of my patients registered by April 2009. The hard drive has come back to me twice, once in June 2009 and last around November 2009. One year later, I have only received half of the records that were requested. The clinic manager is stalling again because the medical records person quit 6 weeks ago -- not really my problem. I finally told him last week that I will pick up the hard drive on April 30 and the rest of the medical records had better be on there with a stack of CD records if he runs out of space. Seriously, it is drag and drop -- time consuming but not for a year! I don't think he is going to do it and I am incredibly irritated...Do I have some legal recourse or is this reportable to some agency? I am in WA state and having trouble finding the rules.Thanks in advance for your help.a Garrido, ARNPwww.villagefamilyclinic.com