How long does a doctors office have to transfer my kid's medical records to another doctors office after I sign the paper?

Asked almost 5 years ago - Valley Springs, CA

I requested my children's medical records in April. The doctors office said I had to feel out a medical release form and sign. i signed it on May 9th on the 15th i was set a letter by the docs office stating it could take up to 2 wks for new doc to get. On June 21st new doc still did not have records. I called insurance co.. Ins co called doc office they "claimed" they had mailed them on the 19th of June. The new docs office didn't receive the medical records until June 30th. I took my kids to new doc in Oct. asked for a copy of medical files and was given a copy in Nov. In Dec i was reading the records and just found out my 2nd daughter is allergic to Penicillian (The old doc NEVER told me this info) Legally how long do they have to get my kid's medical records to new doc?

Attorney answers (2)

  1. Jason Austin Joseph Lundberg

    Pro

    Contributor Level 13

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    Answered . To answer your question, the law is Cal. Health and Safety Code ยง 123110 (b), which reads as follows:

    [A]ny patient or patient's representative shall be entitled to copies of all or any portion of the patient records that he or she has a right to inspect, upon presenting a written request to the health care provider specifying the records to be copied, together with a fee to defray the cost of copying, that shall not exceed twenty-five cents ($0.25) per page or fifty cents ($0.50) per page for records that are copied from microfilm and any additional reasonable clerical costs incurred in making the records available. The health care provider shall ensure that the copies are transmitted within 15 days after receiving the written request. [Emphasis added.]


    NOTE: This answer is made available by an attorney licensed to practice in the state of California. The communication is intended for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

  2. Pamela Koslyn

    Contributor Level 20

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    Answered . You don't mention any effect of not being told about the penicillin allergy, or that your kids' 2nd doctor had any trouble treating them as a result fo the files taking as long as they did to transfer (especially since the new doctor got the records in June and you didn't take your kids in until October), so it's unclear what your concerns are about that.

    You're best off asking for and keeping digital copies of all of your own and your kids' medical records.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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