Medical Records?
I need my medical records for a disability hearing I have on the 21st of this month but my greedy clinic refuses to send them unless I pay $1.50 per page. My attorney has contacted the clinic, I have signed a release form for everything and provided them with a fax number to send them to my attorney so all they have to do is hit a couple of buttons on their computer but they still refuse to do it unless I pay the outrageous amount. The files are thick and I have no money. Who can I talk to or how do I get these files in time for the hearing…I do not have the money to pay for them.
if your lawyer what he’s doing you shouldn’t have to pay. You can have them supenoated by the court your probably should get another lawyer
if your lawyer what he’s doing you shouldn’t have to pay. You can have them supenoated by the court your probably should get another lawyer
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I never heard of a lawyer being denied medical records. Go to the Judge before your hearing and ask him, he ’s got greater pull than the lawyer. Or tell the people holding the records, that your’re moving and take the whole file with you.
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This shouldn’t be a problem. I believe there is a law stating that patients are entitled to one personal copy of their medical files. I know that when we moved we got copies from all of our doctors, including the boy’s pediatrician and my OB/GYN etc and didn’t have to pay a dime.
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You could have them subpoenaed for the trial, however that takes more time for your lawyer and from the sounds of it, he might be a little lazy. Like Carla B said, tell them you’re moving and need the whole file. They might just ask what hospital you want them forwarded to though.
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Your lawyer is supposed to handle this once you’ve done all you can. The clinic is horrible for charging for your records. When you signed up for disability, you signed many, many pages of release forms. The clinic is supposed to release them for free. Think about it. The clinic is funded by the government, and the disability board is, also. It’s just an attempt to get money out of you.
Did you sign an agreement with the clinic, or do they have a sign posted that medical record transfer or copies would be charged $1.50 per page? If so, the only thing that can get the documentation for free is a subpoena. Your lawyer should have already been seeking one, even though he SHOULDN’T have had to do it. Your medical records are supposed to be free to you since you are the patient. If they are related to a mental illness, they should be free to your lawyer.
The lawyer should be on top of this, and you should have to do nothing except show up at the hearing.
http://www.privacyrights.org/fs/fs8-med.htm#E
How do I get access to my own medical records?
HIPAA requires health care providers, health plans, and health care clearinghouse to allow you access to your medical records. Notices you receive from providers and plans must include information about how you can obtain copies of your medical records.
In addition to HIPAA, about half the states have laws that allow patients or their designated representatives to access medical records. Laws usually allow health care facilities to charge a "reasonable" fee for copying records.
If you receive care in a federal medical facility, you have a right to obtain your records under the federal Privacy Act of 1974 (5 USC sec. 552a, http://www.usdoj.gov/foia/privstat.htm)
We advise that you make your request in writing. For a sample letter, see http://www.privacyrights.org/Letters/medical2.htm. If you are denied access, you can file a complaint with the U.S. Department of Health and Human Service’s Office of Civil Rights. (Contact information is provided at the end of this guide). Your state’s medical privacy law might also enable you to file a complaint with state regulators.
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I’m on disability. When I got turned down the first time, I sought a lawyer because my problem was related to anxiety. The anxiety of preparing for a hearing would have put me back in the hospital. Check out the site above. I quoted only a small portion of it. You should find all the information you need there.
I have a degree in American Legal History, and I’ve been through the wringer they call Social Security Disability.
EDIT: I do realize HIPAA laws allow the clinic to charge a "reasonable fee" for the records, but I consider $1.50 per page to be "unreasonable".
Actually, $1.50 per page is not an unusual fee. You are not only paying for the copying materials, but the time it took the people to copy them.
Yes, you are entitled to a copy or your record, but they are also entitled to charge you for the time it takes to copy them.
If you want them and your attorney is not willing to front the money and then take it out as "fees" after the settlement then you are going to have to out of pocket pay for it. Sorry this is just reality.
Physicians offices are businesses and if they need to tie up one of their personnel to copy your records then they are going to charged.
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If your attorney is working on contingency, then he can forward the money for the records and you can reimburse him when the settlement is awarded. If he’s not on contingency, then find a way to borrow or get the money advanced to you, and pay it back when you get your award (make sure you ask for reimbursement of the costs as well).
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