Legal Question in Health Care Law in California
I went to my doctor's office yesterday to make arrangements to review my medical file. The person at the front desk didn't know the procedure so she went and checked. When she returned, she told me that the doctor said I cannot look at my medical records -- I can request lab reports and the nurse will get me copies or I can list the reports I already have at home and the office will copy what I don't have in my possession or I can pay $25 for a copy of my file. No matter what I said, she was emphatic that the doctor won't let me see my records under any circumstances.
I thought under both California law and the HIPAA Privacy Rule, a patient has the right to inspect his/her medical records. Is this correct? What steps can I take to look over my records? Or, if must pay the $25, how can I be assured that I am getting a copy of everything?
2 Answer from Attorneys
Obviously your health care provider is unaware of California Health and Safety Code which says:
H&S Section 123100. The Legislature finds and declares that every person having ultimate responsibility for decisions respecting his or her own health care also possesses a concomitant right of access to complete
information respecting his or her condition and care provided. Similarly, persons having responsibility for decisions respecting the health care of others should, in general, have access to information on the patient's condition and care. It is, therefore, the intent of
the Legislature in enacting this chapter to establish procedures for providing access to health care records or summaries of those records by patients and by those persons having responsibility for decisions respecting the health care of others.
If your health care provider fails to allow you access he/she can be disciplined by the medical board and if you sue, will be liable for your attorney's fees.
Take care,
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