Am I entitled to ALL my records?

Discussion in 'Optometry Archives' started by Charles, Jan 24, 2007.

  1. Charles

    Charles Guest

    Would it be reasonable to request all my RGP contact fitting
    information from my previous doc, including topographies? I'd like to
    just walk in there and get them, but I'm not sure if they'll give me
    trouble.

    I wonder the same about general medical records actually. Can I walk
    into the hospital and just say "give me my file"?

    --
     
    Charles, Jan 24, 2007
    #1
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  2. I wonder how many docs charge for this, and how much is usual. I never
    have, and maybe I'm missing the boat...
     
    William Stacy, Jan 24, 2007
    #2
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  3. From http://findarticles.com/p/articles/mi_m3257/is_12_57/ai_n6068597
    ****
    The preamble to HIPAA privacy standards section 164.524 (c)--Provision
    of Access further states:

    We clarify this provision in the final rule. If the individual
    requests a copy protected health information, a covered entity may
    charge a reasonable, cost-based lee for the copying, including the
    labor and supply costs of copying. If hard copies are made, this
    would include the cost of paper. If electronic copies are made to a
    computer disk, this would include the cost of the computer disk.
    Covered entities may not charge any fees for retrieving or handling
    the information or for processing the request. If the individual
    requests the information to be mailed, the fee may include the cost
    of postage. Fees for copying and postage provided under state law,
    but not for other costs excluded under this rule, are presumed
    reasonable. If such per page costs include the cost of retrieving
    of handling the information, such costs are not acceptable under
    this rule (emphasis added).
    ****

    So, while state mandated fees can be superceded by HIPAA, HIPAA generally
    classifies state mandates as "reasonable". States vary, but a handling
    charge of $10-$20 plus a per page in the range of $0.25-$1.00 are not
    atypical.

    Personally, I think it would be great if the doc's office did this as a
    courtesy. If the office really needs to recover costs, something akin to
    1 hours base pay for a receptionist plus 10-15 cents a page sounds very
    reasonable.
     
    Scott Seidman, Jan 24, 2007
    #3
  4. In the US, I'm pretty sure it would be a HIPAA violation to withold medical
    records pending payment of fees, other than copying.
     
    Scott Seidman, Jan 24, 2007
    #4
  5. Of course, you must have the release signed by the patient before you
    release the records to another doctor. Rules is rules
     
    Scott Seidman, Jan 25, 2007
    #5
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