OT: Medical records: who's the owner?

[ralu]

I remember there was a thread some time ago that mentioned that medical records are patient's property. If this is true, does anybody know of an "official" link to this information? I want to obtain my records and I am asked for a fee to get a copy; the person on the phone said that the records are their property. I tried google but did not find anything to contradict this.

Thank you,

Raluca

[bnme]

I don't know the answer, but I had to pay to get my records from my Dr. and the hospital. ANd it is just a copy - not the actual file. I think it's a "service fee" for the labor involved.

[pritchettzoo]

As I understand it, the medical records belong to the doctor (as a business record) but the patient has a right to access his/her records. There may be an administrative fee for copying the records, and this may or may not be set by the laws of your state.

This site will give more details about HIPAA, the federal law covering privacy and medical records: http://www.hhs.gov/ocr/hipaa/

Anna

[californiamom]

I think it really depends on which state you live in. When I had my ultrasound done I requested a copy of it in VHS as a keepsake only to have the hospital deny it. So I did an extensive research (with the help of a free legal counseling through the company I work for) and found out that in my state they must give me a copy of my medical records if requested. They may charge for it (although the law states it has to be "reasonable costs" just to "cover expenses" of copying it) but they must give me the copy. So I wrote a very polite letter to the hospital requesting it again and attached a copy of the law. I got my VHS tape within 10 days. :-)

Ana

[jubilee]

I used to be in medical records management in a large family practice clinic and it is true that the medical records belong to the doctor but the patient has a right to access his/her records. The new HIPPA laws have changed some rules, but as I understand it the records still belong to the doctor/hospital/clinic.

In my old office, a patient would have to pay a small fee for copying if the records were being sent to them or a lawyer. However if the records were being sent to another doctor, they were sent free as a professional courtesy. If you are transfering care, many doctors want the records sent from the last doctor and NOT hand-delivered by the patient. Maybe your doctor will send the records for free to another doc.

[dr mom]

Records are the property of the physician, because they are considered a legal document that could potentially be subpoenaed in a malpractice case. For this reason, doctors keep the originals, but you have the right (as a PP stated above) to have a copy, and the copying fee should be negligible.

Most records are stored for 7-10 years from the last date of service (or from the age of 18 if the patient was a minor). State law determines how long they have to be stored, and once that time is up, many offices will opt to have inactive charts shredded to protect patient privacy.

-Cindy

[babymama]

Might not help you for your immediate need, but I heard a report on NPR yesterday about how the federal HHS is planning to make health record available electronically. Looks like its a long way off, but still, it will eventually be easier for us to access health records once this is in place.

Here's the link to the NPR story

July 22, 2004 -- The Department of Health and Human Services announces plan to computerize and standardize health records over the next 10 years. The new system, which would make patients' records available nationwide, is aimed at boosting privacy standards and improving health care efficiency. NPR's Joanne Silberner reports.

http://www.npr.org/features/feature.php?wfId=3608303

Hope this helps,
Lydia
Mama to Santiago 11/16/2003