Recently I had to switch physicians to receive medical treatment for my ADHD. The reason being, my old physician passed away. I need to get my medical records from my old physician to supplement the diagnosis and treatment schedule. However, the new staff and doctor that replaced my old one, and has my records is not responding to the clinics requests for my information.

Under Texas Administrative code they have to respond either way within 15 days or they are subject to potential penalties under the code. I do not want to go this route to obtain my records, but the new doctor really needs these records, and I am worried if this becomes more of an issue my treatment could be interrupted until this is resolved.

I have a feeling that the new clinic is holding on to my records so I have to go there for my treatment, they are a private pay facility that is paid very handsomely to treat ADHD. I need some advice please...

Can't your new doctor request them? That's how it's done here (UK). They don't hand us our notes but they are requested by the new doctor and sent direct to them.

you have a right to your medical records.

Do one of the following:

call them and tell them you want copies of your records and would like to pick them up on (insert day here), preferably after 24 or 48 hours. Ask them directly if there is a charge and/or do you need to sign anything before they release the copies (99% chance yes you will have to sign, and in fact, should). End of conversation.

OR:

call them and tell them you'd like to have copies of your records faxed to (insert new doctors name here and fax number). Tell them you can stop by TODAY to sign the appropriate release forms in order for them to fax.

Act like you know what you're doing and don't let them push you aside. These are your rights.

Hipaa guidelines, you do need to have a signed release to get your records either yourself or have them forwarded on to your doctor. They shoud accept a faxed release. The office cannot hold your records hostage either for any reason, even if there is an outsdanding bill. The office can charge you for copies, but that would be considered really tacky, and many don't do that.

See: http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf (30 days to provide + 30 day-extension + exceptions, for example, psychotherapy "process" notes). Under the "access" provisions of the Privacy Rule, you technically don't need to sign an authorization if you are the patient and can prove it (driver's license). Your new clinic or pdoc should be able to access your records right away "for treatment purposes." See the PM to you from early this am, Brainiac. Also see:

http://www.apa.org/monitor/feb03/hipaa.html

http://www.hhs.gov/ocr/privacy/enforcement/

http://library.ahima.org/xpedio/groups/public/documents/ahima/bok1_000027.hcsp?dDocName=bok1_000027

http://www.privacyrights.org/fs/fs8-med.htm

Good luck! :cool:

Well, supposedly my new doctor requested them on January 30th, but as of last week, they had still not yet received them. Now, what I also should do is make sure that they did fax my release to the other clinic. I realize that the error may be with the new clinic, I have some reason to believe they overlook a lot. I asked them to call me back a week ago and still have not received any response...It is hard to find descent medical care when you don't have private health insurance. :-(

Call them, call them again, and if that doesn't work, call again. If you and the person on the phone agree to contact again in x amount of days, and they don't call, CALL THEM.

If nothing else, they'll get on it just to keep you from calling them again.

Don't be wishywashy with them, or they'll continue to push you off.