Old medical Records unavailable
I had the same Rheumatologist for 20 + years but sadly his practice was bought out and then abruptly closed. I only managed to get my Last 2 sets of blood work. My New Rheumatologist is saying I have to start @ square one due to Insurance and has prescribed Methotrexate & wants to Add Rhemicade. I remember being deathly ill from Both of them. My question is, Is it even Legal to withhold My Personal Medical Records? I'm thinking about getting an Attorney because I don't want to put my body through anymore poisonous medicine that has already made me so sick but I'm not getting anywhere & don't want to survive on the "Devil's Wonder Drug Prednisone" . Thanks for always being here with warm hugs and information.
No, they cannot withhold your personal medical records, at least in the USA according to HIPAA, with a few minor exceptions. They can charge you a "copying fee" to copy papers, but with everything electronic these days it should be easy to send to your email and whatnot. Not to mention any rheumy worth their salt should want to see your complete history before doing anything such as putting you back on a drug that didn't work. In fact, most rheumys I know pretty much accept that if a bio didn't work it's really not something you go back to unless something has changed drastically. I think you need to tell them according to HIPAA you are entitled to it, at least in the USA as I said, if it's outside the US you may need to consult an attorney to find out the laws of the land. Either way, it sounds like it may be a case of "doctor knows best and shut up," which is so much more common than we'd like it to be. Let us know if there's anything we can do to help. Keep on keepin' on, DPM
it seems every state has it’s own laws regarding medical records. Try contacting your state Medical Board to understand your state’s laws and possibly find out if they have a record of the doctor’s office closing.
Check out:
https://www.ama-assn.org/system/files/2021-02/Patient-access-obtaining-medical-records-from-closed-practices.pdf
“Medical record retention requirements, in general, are not specified by HIPAA, but rather state laws. The American Health Information Management Association (AHIMA) provides a guidance on Protecting Patient
Information after a Facility Closure and a resource on state laws governing medical records retention after the closure of a practice or facility.”
