Doctor Refuses Access to Part of Medical Records

[Pawleena]

What is the name of your state (only U.S. law)? California

Per California law, I wrote a letter to my doctor requesting access to my medical file and sent the letter certified return receipt. In response, the doctor called and said I could have copies of everything except correspondence from specialists. He gave no explanation for the exclusion. He just flat out refuses to let me see or get copies of the specialists reports even though they are a part of my chart.

There are no psychotherapy notes in my file. There is no legal proceeding. Since I have never had a serious illness, I can't imagine that the information provided by the specialists would endanger the life or physical safety of myself or another person, or cause substantial harm to me or another person.

The reason I'm trying to access the records from my internist is I'm having a problem with one of the specialists to whom he referred me. That doctor also refuses to make copies or let me see my medical file. So I'm unable to get the information I need from her. I know she sent a letter to my internist because the nurse mentioned it.

Is there any way to get them to comply with the law besides filing a complaint with the Medical Board?What is the name of your state (only U.S. law)?

 

[lealea1005]

What is the name of your state (only U.S. law)? California

The reason I'm trying to access the records from my internist is I'm having a problem with one of the specialists to whom he referred me. (only U.S. law)?

What kind of a problem? There's a reason I'm asking.

 

[tranquility]

The relevant statutes are at:
CA Codes (hsc:123100-123149.5)

 

[Pawleena]

What kind of a problem? There's a reason I'm asking.

It's a billing issue. I've written to the specialist's office 5 times and nobody responds. However, she wrote a letter to my internist, according to the nurse at my internist's office.

 

[FlyingRon]

Your doctor is wrong. As shown in the law tranq posted the link to, the "medical records" subject to disclosure include not only those the doctor maintained but any he is in custody of.

I'd send a letter reminding him of that obligation and make a copy to the state medical board. Information on how to make an official complaint is here:

http://www.mbc.ca.gov/consumer/complaint_info.html

 

[barry1817]

records

What is the name of your state (only U.S. law)? California

Per California law, I wrote a letter to my doctor requesting access to my medical file and sent the letter certified return receipt. In response, the doctor called and said I could have copies of everything except correspondence from specialists. He gave no explanation for the exclusion. He just flat out refuses to let me see or get copies of the specialists reports even though they are a part of my chart.

There are no psychotherapy notes in my file. There is no legal proceeding. Since I have never had a serious illness, I can't imagine that the information provided by the specialists would endanger the life or physical safety of myself or another person, or cause substantial harm to me or another person.

The reason I'm trying to access the records from my internist is I'm having a problem with one of the specialists to whom he referred me. That doctor also refuses to make copies or let me see my medical file. So I'm unable to get the information I need from her. I know she sent a letter to my internist because the nurse mentioned it.

Is there any way to get them to comply with the law besides filing a complaint with the Medical Board?What is the name of your state (only U.S. law)?

If there is a billing issue doctors think that they can with hold records until the payment is made. That is not so.

What the doctor can say is that he will charge a reasonable fee for copying those pages, and I think there may be a statuatory maximum for payment per page, but you would have to check that out.

 

[!CuriousGeorge!]

I have had doctors tell me the same thing .. sometimes cursing & yelling does get you somewhere..

 

[lealea1005]

Most Doctors are well aware that they cannot withhold medical records for nonpayment of outstanding balances. They are, however, to withhold until the fee to copy/transfer records is paid.

OP, if the note is in reference to your actual medical care (like a consult note) from the specialist, it should be included when copied.

If you do not receive your records within the time limit provided by your state, politely inform the office that you will be making a complaint with the Doctor's licensing board regarding the issue.