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Doctor Not Giving Medical Records

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craftyprincess

Junior Member
Virginia

I asked my neurologist doctor's office for a copy of my medical records. They told me that I have to get the case manager's permission and authorization to get copies of my medical records. Or I can ask the case manager to make me copies.

I thought by law you can get copies of your medical records. Why do I need to get permission?
 


ecmst12

Senior Member
Is this a doctor that you are seeing for treatment on your own or someone your worker's comp carrier sent you to?
 

ecmst12

Senior Member
If the doctor is TREATING you, then you have a right to copies of your records if you properly request them in writing and pay any copying fees required.

If the doctor was simply evaluating the progress of your claim at the request of your insurance company, then those records are owned by the insurance company and you are NOT entitled to a copy.
 
Just to note: the records you are seeking are not yours, they belong to the doctor.

If he does not want to give you a copy, that's his choice.
 

lealea1005

Senior Member
You are absolutely wrong on that one.

Actually, as ecmst said...the medical records do belong to the treating Physician.


Free_Advice

If he does not want to give you a copy, that's his choice.
That is not correct. The patient is entitled to copies of their medical record by requesting them in writing. Copies can only be withheld if the patient refused to pay the copying/administrative fee charged.

That is....unless the Physician was working for the insurance company, as stated earlier.
 

asiny

Senior Member
According to the Virginia - § 32.1-127.1:03 - the medical provider (facility) owns the records BUT the patient can request copies which;
...must be in writing, dated and signed by the person making the request, and include a reasonable description of the records sought. If someone is making a request on your behalf, he or she must provide evidence of the authority to receive the records (such as a power of attorney). The provider must accept a photocopy, facsimile, or other copy of the original signed by the requester as if it were an original (Virginia Code § 32.1-127.1:03).

Upon receipt of such a request, the health care provider has 15 days to do one of the following:

provide copies of the records;
inform the requester if the information does not exist or cannot be found;
inform the requester of the provider who now maintains the records; or
deny the records for specific reasons set out in Section F of the statute.
 

Zigner

Senior Member, Non-Attorney
My statement was directed at the second sentence. I should have been more clear.
 
If the doctor is TREATING you, then you have a right to copies of your records if you properly request them in writing and pay any copying fees required.

If the doctor was simply evaluating the progress of your claim at the request of your insurance company, then those records are owned by the insurance company and you are NOT entitled to a copy.
I thought it was an insurance co. thing .. hence my previous post....
 

ecmst12

Senior Member
It doesn't matter, it's never the doctor's CHOICE to release the records. If he's evaluating for the insurance company, it's the insurance company's choice to release a copy or not, not his. And if he's a treating physician, he is required by HIPAA to release a copy.
 

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