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
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. The person requesting information and all others reading the answer should retain an attorney before making a decision. The information provided does not create an attorney-client relationship. Contact our office to obtain specific legal advice at (215) 702-2708 for Pennsylvania or New Jersey matters.
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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
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 legal advice.
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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney
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