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Releasing of Medical Records

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fowler100

Junior Member
What is the name of your state (only U.S. law)? Rhode Island
My 17 year old son had a physical in July 0f 2009, we had lost our insurance and the bill has gone unpaid. We now live in another state and my son who is now 18 is still in Rhode Island, he recently went to get a copy of his records and was told they wouldn't give them to him until we paid the bill, technically it is our bill and now as an adult he has no outstanding bills with this doctor and I am wondering if they can legally hold his records.

Thank You
 


lealea1005

Senior Member
Copies of medical records cannot be withheld for non-payment of services rendered.

They can, however, be withheld if the fee for copying those records goes unpaid.
 

barry1817

Senior Member
records

What is the name of your state (only U.S. law)? Rhode Island
My 17 year old son had a physical in July 0f 2009, we had lost our insurance and the bill has gone unpaid. We now live in another state and my son who is now 18 is still in Rhode Island, he recently went to get a copy of his records and was told they wouldn't give them to him until we paid the bill, technically it is our bill and now as an adult he has no outstanding bills with this doctor and I am wondering if they can legally hold his records.

Thank You
Records are not allowed to be held hostage, but one can charge for the reasonable costs to copy the records.

Two options. Usually when a doctor asks for records they are forwarded, or since your son is young, unless there is a major problem that he has been undergoing continuous treatment for, just start fresh.
 

mrjinx

Junior Member
Where does it say they can be held pending payment? Can you cite the reg? I thought I saw somewhere that they have to give you the records first then bill you. If you didn't pay of course they could put you in collections.
 

lealea1005

Senior Member
Where does it say they can be held pending payment? Can you cite the reg? I thought I saw somewhere that they have to give you the records first then bill you. If you didn't pay of course they could put you in collections.
As I said earlier, the records cannot be withheld for non-payment of services rendered. Payment for copying/reviewing the records can be required before they are handed to you. In addition, there is a "reasonable" amount of time permitted for locating/copying/reviewing (some older records may be stored off site). Look it up in your state's General Health Article. Each state has different requirements. My state allows $18.54 plus $.61/page (plus postage) if the records are being sent to another provider, but only the $.61/page fee if the patient picks them up.

Not to be snarky, but you already are in collections for not paying your Doctor. Why should they trust you to copy first and pay later?? Oh, and you read wrong.


Quote by Barry:

Records are not allowed to be held hostage, but one can charge for the reasonable costs to copy the records.

Two options. Usually when a doctor asks for records they are forwarded, or since your son is young, unless there is a major problem that he has been undergoing continuous treatment for, just start fresh.
Requiring payment for copying/reviewing records is not holding them hostage Barry. Who do you expect to pay a staff member's time (or the outsourced record storage company) to copy them...the Doc to review them...postage...the ink & paper, etc.

Don't be so sure just requesting the records Doctor to Doctor that you'll have them transferred for free. More and more, Docs will fax a specific lab test to each other, but not an entire chart.

If OP's son is only looking for his immunization record, he could call the high school he graduated from and ask whether they've been kept file (some school districts do for 5 years).
 
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