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HIPAA question

My son needs to have a follow-up appointment with his endocrinologist. It's been 3 1/2 years and in that time we switched from a pediatrician to a family practitioner for his primary care. In order to get the endo. appt. I had to get his last physical and growth charts from his primary dr. I went there to sign a release of info. and they informed me that they couldn't send the growth charts because the info. on them was the pediatricians info. The nurse wouldn't copy his heights down for me and they wouldn't let me copy the heights down either. The front desk insisted that the info. was the peds. and that it's against HIPAA for them to copy anything from them.
Is this true? I released my sons info. from the peds to the family doc. so why can't the family doc. fax it to the endo? The info. in the chart is mine, why couldn't I have copied it down myself? Technically the chart is on the peds paper but the info is mine.

Answer Question

Asked by alohamalu at 9:54 PM on Feb. 2, 2009 in Health

Level 1 (2 Credits)
Answers (6)
  • Your child is a minor, you have a legal right to the health records. Probably they were just nasty cuz of a rough day. Give it a bit and send a letter with a signature receipt proof for you that you want a complete copy of sons records cause you're going on an extended trip, need records for it. Follow it up after you get back signature of signee with a call of the cost and how to pay for copies. Unless you've been deemed by a court to be denied access they have to give you copies.

    Answer by Anonymous at 9:57 PM on Feb. 2, 2009

  • That is unbelievable, i would prolly flip my lid if they told me they couldnt transfer records. I hope you get everything sorted out.

    Answer by LuvsDanika at 10:00 PM on Feb. 2, 2009

  • It is actually the law. I know it, but don't understand it. If you switch doctors they can't transfer anything that came from another dr. They can only send what they have acquired since you started seeing them. I understand how frustrating this is, but from now on I would keep a list of all the dr's that you or any of you family sees so that if you change again you can list all the docs so that you can get all the records and keep them together.

    Answer by coala at 10:08 PM on Feb. 2, 2009

  • I've always gotten complete copies of my kids records containing all doctors previously and ongoing in any record. Call the US Dept. of Health and find out, it's a federal law but I've found that indiviudal doctors can add their own rules to it. One practice use to make me fill out update forms every single visit, another in the same exact county and state only made updates necessary when a move or new insurance involved or new job contacts. Some doctors we've dealt with will speak to a family member only if signed allowing specific members. Other's don't have a space saying that, the patient or parents have to take the iniative to write it added on top of folder and in computer rec. Call health department (US Gov) should be a tollfree number.

    Answer by Anonymous at 10:17 PM on Feb. 2, 2009

  • i work at a doctors office. the info technically is the doctor's information, they are HIS/HERS files because they are the doctors notes, testing, etc. Its usually the same way with any private practice. However, at the hospital the records are that of the patient. I do not know why that is, it may have to do with the fact that more than one physician is attending to you. But we have alot of people that get angry with us because we cannot release the information to the patient themselves. Most doctors are okay with Doctor to Doctor information sharing as long as a release is in place and you would, by law, have to have a release signed at each office and one for each doctor(say to get your pediatrician to talk to your endocrinologist you need a release, and if you needed your pediatrician to talk to say a psychiatrist you would need another)

    Answer by JacquiV at 1:02 AM on Feb. 3, 2009

  • Also, Most Doctors In a Private Practice do not Release records to patients Copies or no copies. They will only release the records to another doctor. If you have any more questions just pm me.

    Answer by JacquiV at 1:03 AM on Feb. 3, 2009

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