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Can a Dr withhold medical records?

  1. #1
    Default Can a Dr withhold medical records?
    Medical Coding Books
    I was just wondering if a doctor can legally withhold medical records? There is a doctor that states they will only transfer records to another physician. Is this legal?

  2. #2
    Location
    North Carolina
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    3,126
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    You can not refuse the patient a copy per the privacy rule but you can impose a nominal fee for copying.

    http://www.hhs.gov/ocr/privacy/hipaa...cords/353.html

  3. #3
    Location
    Louisville, KY
    Posts
    1,101
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    Be sure that your state allows you to request a fee for the records. There are laws allowing patients free access to their medical record information.

  4. Default
    I agree, each state has it's own statute on charging for copies of medical records, which can be accessed here >>http://www.lamblawoffice.com/medical...g-charges.html

    Additionally, I am not aware of any state that allows a provider to withhold medical records because the patient owes the practice money. This is usually addressed in a state's Medical Practice Act or in the Licensure section of a state's statutes.
    Cyndee Weston, CPC, CMC, CMRS
    American Medical Billing Association
    www.ambanet.net/AMBA.htm
    AMBACode Coding Software
    http://www.ambacode.net
    2015 AMBA National Medical Billing Conference
    http://www.ambanet.net/2015.htm

  5. Default
    Quote Originally Posted by rebeccawoodward View Post
    You can not refuse the patient a copy per the privacy rule but you can impose a nominal fee for copying.

    http://www.hhs.gov/ocr/privacy/hipaa...cords/353.html
    Just a quick note to keep in mind -- if a provider does not conduct any electronic transactions, they are not subject to HIPAA (Privacy) requirements. But, that also means that if the provider outsources the billing function to a billing company that does do electronic transactions on behalf of the provider, then they ARE conducting electronic transactions for purposes of HIPAA. Believe it or not, there are still doctors and other healthcare providers that do not conduct electronic transactions. Go figure.
    Last edited by cyndeew; 07-26-2010 at 02:58 PM.
    Cyndee Weston, CPC, CMC, CMRS
    American Medical Billing Association
    www.ambanet.net/AMBA.htm
    AMBACode Coding Software
    http://www.ambacode.net
    2015 AMBA National Medical Billing Conference
    http://www.ambanet.net/2015.htm

  6. #6
    Location
    North Carolina
    Posts
    3,126
    Default
    thanks

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