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LegalGround >> Dr. won't transfer records to new Dr.


7/30/09 12:12 PM
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atomjack
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Member Since: 11/6/05
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I filled out a permission to transfer form over a month ago. I've called so many times about this, and they have promised to send it a couple of times. Last week they said "we promise to send them tomorrow." Well they didn't. I can't make an appointment with the new dr. until they get my records. Is this legal?
7/30/09 3:03 PM
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goku
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Member Since: 8/6/08
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pretty sure its not...check hippa...get the statute and send them a letter
7/31/09 12:57 AM
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Xtina
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Member Since: 4/11/04
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 they're your records, aren't they?  i've had to do this before, and have insisted they give me a copy of all of my records directly.  only took 3 hours, but i got them.
8/3/09 7:21 PM
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pm1964
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I had to do it too. In California at least, there is a statute that specifically states that the records belong to you. I cited it to the doctor's office who would not give up my records, and finally told them that I was coming in to pick them up. I got them, and then filed a com;laint against the doctor with the state medical board.
8/4/09 7:31 PM
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Steve72
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 Federal law (HIPAA...two As, one P, dammit, goku) states that the records are, for all intents and purposes, yours.

However, it doesn't sound like the doctor is asserting that you don't have a right to them...just not getting around to it.  Tell them that you're planning on calling CMS to report a HIPAA violation if they don't get on it quickly.
8/4/09 7:49 PM
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goku
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hungry hungry hipaa?

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