Your Medical Records Are Your Own -- Insist On Your Rights

[Guest guest]

YOUR MEDICAL RECORDS ARE YOUR OWN:

I know there are posts back in the archives SOMEWHERE about medical records

& your rights to them. I think in May of 2002 – but the subject lines are

not about medical records. Anyway – for the most part until the advent of

the Federal law, in the U.S. your rights depended on your State laws. In the

States I’m familiar with, you have been absolutely entitled to your own

medical records. They are usually allowed to charge you a REASONABLE fee

for copying them, but they’re yours – you paid for them in the first place –

and you’re absolutely entitled to have them. I know there was once a link

in these messages to the one website (NY State I believe) which set out your

rights in that state.

Personally, I think it is an excellent idea to have and keep copies of all

of your own medical records. (Makes it difficult for anyone to “amend” them

at a later date – doesn’t it??) Whenever you do any sort of testing,

request that copies of the results ALSO be mailed to you directly, get

copies from your docs every year or two – etc. Not only does this work for

you and your own protection, but I believe it also keeps the docs on their

toes. A doc who KNOWS that you’re going to see and read your charts (and do

things s/he can only imagine with them) is much more likely to be on his/her

toes about what exactly is IN those records – whether they’re complete and

accurate – whether all the testing that SHOULD have been done, HAS been

done, etc. It may not make him/her more enamored of you, but I think it

could help you to actually get better medical care.

_________________________

Urban Gorilla Tactics:

Sometimes they do drag their feet. My personal tactic on this – working in

the law biz – has been to fax them a nice “where in the world are my

medical records” message – on personal letterhead but under a fax cover from

the law firm. Doctors dread lawyers more than just about anything else (they

feel about lawyers sort of the way we often feel about doctors) & this gets

them really stirred up and excited. I’ve gotten phone callers with shaky

voices telling me the records are on their way and saying “this came from a

LAW FIRM . . .” – yup – well if that’s what it takes to get cooperation . .

... SO – if I didn’t work in law any longer, and was having trouble getting

them going, I think I might just pony up some phony law firm letterhead and

fax it off – not say anything about it – not make any representations about

it -- just use it for a fax cover. Bet I could still light a fire under

‘em that way.

Pat

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[Guest guest]

Pat--I think the whole point of the Federal law is so that people will

no longer have to do employ guerrilla tactics or any other kind of

begging/cajoling/manipulating to get their records. Everybody will be

answerable to the SAME laws and, in my humble opinion, when you remind

someone that your right is protected by federal legislation, I think it has

more teeth than a state law which may or may not be enforced. Also, doctors

and hospitals are having to spend big bucks to change alot of privacy

practices, so they will be heads up on the legislation and theoretically

should not give you an argument. I'm curious to find out if there are any

penalites associated with non-compliance, or any timetables, such as whether

records should be immediately handed over or if they have a window in which

to comply with your request. In other words, while you are seeing your doc,

can you say " Hey, pass that chart over here so I can see what you're talking

about " or can you say " Would you please make me a copy so we can read along

together " ??? Wouldn't that be fun!

Gaited--thanks for the link!

Faryl