Join Early Retirement Today
Reply
 
Thread Tools Search this Thread Display Modes
Old 05-13-2016, 05:51 AM   #21
Thinks s/he gets paid by the post
bUU's Avatar
 
Join Date: Dec 2012
Location: Georgia
Posts: 1,907
Quote:
Originally Posted by HadEnuff View Post
In New York State (and I think this is a national standard, but I'm not certain), not only does your health professional have to provide you with any and all records you request, including x-rays and MRIs etc, they are not allowed to hold those records ransom, demanding payment of anything, including the cost of duplication. They may charge a "reasonable" fee for duplication, but they are NOT allowed to hold those records until the fee is paid. They must turn over the records to you, or forward them to another office.
Though my experience is that that is precisely how my health care providers in New York would handle it, I couldn't find any case law backing that up. The regulation itself is not so definitive. What it says is that they must let you "access" your records regardless of the ability to pay the reasonable costs associated with letting someone inspect medical records (which they can, indeed, charge, but again, cannot insist on payment of the charges for inspection, specifically, before providing access). It does not say that they must (specifically) furnish "copies" regardless of the ability to pay.

Moreover, the same Section of the regulations very explicitly says that they must furnish you your original mammograms (but in doing so they are not required to maintain a copy for themselves, so as to use as a baseline for comparison in future years). The fact that the wording regarding mammograms, within the same section of the regulation, is so explicit while the wording as it pertained to (specifically) "copies" of other records was not explicit, makes me wonder about whether the regulation actually says that about "copies" of other records.

Quote:
Originally Posted by HadEnuff View Post
They are not entitled to demand a visit with their doctor before doing so.
That much is certain. The physician I mentioned earlier actually tried to book an appointment for me to talk about our billing dispute. Incredible.
__________________

__________________
bUU is offline   Reply With Quote
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!

Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!

Old 05-13-2016, 06:01 AM   #22
Thinks s/he gets paid by the post
 
Join Date: Dec 2015
Posts: 1,086
Quote:
Originally Posted by bUU View Post
Though my experience is that that is precisely how my health care providers in New York would handle it, I couldn't find any case law backing that up. The regulation itself is not so definitive. What it says is that they must let you "access" your records regardless of the ability to pay the reasonable costs associated with letting someone inspect medical records (which they can, indeed, charge, but again, cannot insist on payment of the charges for inspection, specifically, before providing access). It does not say that they must (specifically) furnish "copies" regardless of the ability to pay.

Moreover, the same Section of the regulations very explicitly says that they must furnish you your original mammograms (but in doing so they are not required to maintain a copy for themselves, so as to use as a baseline for comparison in future years). The fact that the wording regarding mammograms, within the same section of the regulation, is so explicit while the wording as it pertained to (specifically) "copies" of other records was not explicit, makes me wonder about whether the regulation actually says that about "copies" of other records.

That much is certain. The physician I mentioned earlier actually tried to book an appointment for me to talk about our billing dispute. Incredible.

Interesting. My "knowledge" of the rules all comes to me through seminars on "risk management", which are essentially given by malpractice carriers in the hopes of giving us enough information to keep from being sued too often, and for too much. So I never explored the case law. It is very likely we were being told something was clearly "law", when in fact it was probably "murky" and the best way for us to proceed to try to diffuse a volatile situation.

Also, to be clear, I was a dentist, and while folks can get pretty worked up about what they feel is mis-treatment in dentistry, it's not the high stakes poker game that regular medicine is.

and while I thought I knew what the law was, I had many new patients run into stone walls while trying to get their records to me from previous offices. So what the law "is" or "isn't" often isn't the issue as much as what hoops you are willing to jump through just to get people to do the honest, ethical thing.
__________________

__________________
HadEnuff is offline   Reply With Quote
Old 05-17-2016, 05:17 AM   #23
Recycles dryer sheets
robertf57's Avatar
 
Join Date: Jun 2014
Posts: 329
IF you don't get satisfaction, file a complaint with the Board of Medicine in your state. This is unprofessional conduct and would lead to actions against the doctor's license here. Probably the fastest way to get action.
__________________
robertf57 is offline   Reply With Quote
Old 05-17-2016, 06:41 AM   #24
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
pb4uski's Avatar
 
Join Date: Nov 2010
Location: Vermont & Sarasota, FL
Posts: 16,411
Quote:
Originally Posted by Lakewood90712 View Post
When I was there asking for my records, the doctor was in the office , seeing patients. Staff asked me to schedule an appointment to come in and talk to the doctor.........I assume this happens from time to time......So they want me and my insurance to pay for an office visit and waste my time to complain about non medical issues. Im going out on a limb here, THE OFFICE MANAGER IS SUPPOSED TO HANDLE THIS STUFF , NOT THE DOC ?.........I wasn't angry , just that 56 years on this earth has taught me to recognize when it's time to get off a horse that is going in circles, and try another one.
If you go in to talk to the doc about an administrative issue with his office it is not something they can charge you for.... or if they do dispute it and refuse to pay..... that's ridiculous.... at that point he has his businessman hat on rather than his MD hat. Call him or have him call you and explain the issue you are having... the doc is ultimately responsible and it could be that he's ready to pitch the office manager anyway.
__________________
If something cannot endure laughter.... it cannot endure.
Patience is the art of concealing your impatience.
Slow and steady wins the race.
pb4uski is offline   Reply With Quote
Old 05-17-2016, 08:31 AM   #25
Thinks s/he gets paid by the post
2017ish's Avatar
 
Join Date: Apr 2012
Posts: 1,845
Here is what purports to be a state-by-state survey (with links) as to what "reasonable" costs may be charged for getting your records: State-by-State Guide of Medical Record Copying Fees — MediCopy (updated as of April).

Interesting to me that patient can be charged for the copying. OTOH, if a client wanted all their records from our lawfirm (which is any paper or electronic document dealing in any way with their file, other than any research that may have been done with respect to dispute between them and us), we can't charge for the copy. In law, the file/records are the property of the client. (We can make a copy for ourselves, of course, but that's on our dime.)

Strange that medicine is treated differently, particularly since the law generally is prejudiced in favor of lawyers for some inexplicable (hah!) reason ....
__________________
OMY * 3 2ish Done 7.28.17
2017ish is offline   Reply With Quote
Old 05-17-2016, 09:32 AM   #26
Thinks s/he gets paid by the post
ivinsfan's Avatar
 
Join Date: Feb 2007
Posts: 2,198
Unfortunately this staff issue doesn't just happen in the doctor's office. We have the same insurance carrier for almost 30 years and they have been stellar, health, car, crop and business/personal property everything for our personal stuff and our C corp.

They haven't put a foot wrong and have given great service, until a couple of years ago. They seem to be replacing people well trained in insurance issues with kids with at most a CC degree in office admin. It's like the wheels are coming off, in the last 2 years we have found 2 major issues that costs us some money. The first time, we said well Sh#$ happens and moved on,just put it behind us. I'm not feeling quite so charitable this time around. But I'm afraid that any move will just put us in the same position. It's like the devil you know or the devil you don't know. All I do know is that a situation that required some monitoring has turned into one that is taking way more time and energy then I want to give it.
__________________
ivinsfan is offline   Reply With Quote
Old 05-18-2016, 08:33 PM   #27
Thinks s/he gets paid by the post
Lakewood90712's Avatar
 
Join Date: Jul 2005
Posts: 1,316
It's been 5 business days from my request for records, no response from the person in the office who does this. I did get a call today, inquiring if I wanted to book a follow up appt. to see the doc. WTF ?......Asked to speak with the office manager...we had a long semi-unpleasant but informative chat . More unsettling things, they don't even have the blood test results that were done April 8th.

Told her " If I need to personally co-ordinate and hand carry paperwork, test results etc., that's ok , but as the patient, I need to know that in advance ".
__________________
Lakewood90712 is offline   Reply With Quote
Old 05-19-2016, 11:14 AM   #28
Recycles dryer sheets
robertf57's Avatar
 
Join Date: Jun 2014
Posts: 329
Please heed my previous suggestion and file a complaint with the Board of Medicine. I think you will see a very rapid response and you will have someone else bird-dogging this issue.
__________________

__________________
robertf57 is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Right dose of food. Was: The Right Dose of Exercise for a Longer Life eta2020 Health and Early Retirement 8 05-19-2015 07:47 AM
Medical Records TromboneAl Health and Early Retirement 61 01-28-2012 07:33 AM
Medical records and insurability FlogBlogger Health and Early Retirement 20 04-09-2007 12:43 PM
FIRE Now vs. Working to Obtain Health Insurance Benefits GMueller FIRE and Money 23 12-07-2006 03:30 PM
Doctors now charge for copies of medical records boots Health and Early Retirement 18 12-04-2006 09:47 AM

 

 
All times are GMT -6. The time now is 03:33 AM.
 
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.