MEDICAL RECORDS ACCESS

[Ardjuna]

I was told by a dentist that I had no priveledge to access (get a copy of or have copies sent to) my own dental records (doctor's notes). They told me that all they would do is forward my x-rays,that is it. I know I've been through this crap before, but please enlighten me... In any state in the US a patient has the right to get copies of all pertinent records a doctor/dentist has on them - correct? They can charge a fee for the copies, but cannot refuse to geive or forward copies. This includes appointment notes, surgical notes, x-rays, molds, Et cetera... Correct? By the way, this
is a VA and MD state concern, although I'm sure it does not matter. Also, if someone refuses the above for some crazy reason, what does one do or say at that point without threatening to get an attorney?????

Ardjuna

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As to your last question: contact the AMA (american medical association) or ADA (american dental association) and lodge a formal complaint.

As to your original question:
How do I get access to my own medical records?

In California and about half the states, health care providers must allow patients (or their representatives) to access and obtain copies of their own medical records. (California Health and Safety Code §123100). This includes doctors' offices, hospitals, mental health facilities and clinics. Generally the health facility must charge a "reasonable" fee for copying records. If you received care in a federal medical facility, you have a right to obtain your records under the federal Privacy Act of 1974 (5 USC §552a. Web access at http://www.usdoj.gov/foia/privstat.htm).

Most medical offices ask that you make your request in writing. If the health care provider will not release your records, ask for a written letter of denial. Then contact a patients' rights group, the local medical society, the state medical board or an attorney for further assistance. Generally, a request for disclosure may be denied if the health care provider believes the information will be harmful to the patient. In that case, the health care provider is usually required to disclose the record to a physician of the patient's choice. Denial of health records most often occurs with mental health records.


http://www.privacyrights.org/fs/fs8-med.htm