My doctor and i had a falling out and i asked for my medical records and they said no. Am I entitled to them?

Asked 8 months ago - York, PA

They said i had to find another doctor and I did but when i asked for my medical records they said they don't have them and its out of their hands and hung up on me!!

Attorney answers (6)

  1. Andrew Daniel Myers

    Contributor Level 20

    9

    Lawyers agree

    Answered . You have an absolute right to copies of your medical records. The Health Insurance Portability and Accountability Act (HIPAA) establishes guidelines for confidentiality and release of medical records by health care providers. The best thing is probably to have the new doctor obtain your signature on a proper authorization and have them submit it to the old doctor. Let them handle the rest. Here's more: Blue-Link-Below:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  2. Lawrence John Gibney Jr.

    Contributor Level 14

    7

    Lawyers agree

    Answered . You have a right to your records but I would probably let the new doctor obtain them. Best of luck to you.

    This information is provided as a public service to provide a general answer and should not be relied upon as... more
  3. Andrew D. Swain

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The Pennsylvania Patient Safety Authority, established under the Medical Care Availability and Reduction of Error ("Mcare") Act, is an independent state agency, and has summarized this area of the law by stating:

    Once you make a written request for your medical records, your healthcare provider must
    approve the request within 30 days of receipt. If your medical records are kept offsite, the provider has up to 60 days. The 30- or 60-day period begins the day your healthcare provider receives your written request. If you have requested permission to see your medical record, your healthcare provider must make arrangements for you to come in and view the record. If your healthcare provider has a problem for some reason getting the record for you in that time frame, there can be a 30-day extension. The provider must provide you with a written explanation of the problem, and tell you the date they will respond. In most cases, it should not take more than 90 days for you to get a copy of your medical records.

    Can My Provider Refuse to Release My Medical Records?

    Under certain limited circumstances, your provider can deny your request to see or obtain copies of your medical record. For instance, if your provider believed that seeing your medical record would endanger you or someone else, the provider could deny your request. Your provider may not deny your request for medical records because you have an unpaid medical bill. If your provider denies your request to see your medical records, you can request the decision be reviewed by another provider. The provider must choose another healthcare provider to review their decision. Your provider must notify you in writing of the decision of the reviewer.

    A link to the Pennsylvania Patient Safety Authority Site is below.

    If the medical office refuses your request without proper justification, contact the medical board:

    Pennsylvania Department of State
    Complaints Office
    2601 North Third St.
    P.O. Box 2649
    Harrisburg, PA 17105-2649

    Toll-free Complaint Hotline (PA only): 1-800- 822-2113
    Outside PA: 1-717-783-4849

    Legal disclaimer: The statement above is general information and not intended to be a legal opinion to be followed.... more
  4. Jonathan David Marx

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . I agree with my colleagues, you certainly have a right to your records, but the easiest way of obtaining them is letting your new Dr. handle the request for the records, best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  5. Jason Alexander Richman

    Contributor Level 12

    6

    Lawyers agree

    Answered . Absolutely yes; but they can charge you for copies.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, you are entitled to them

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