Obtaining Medical Records

[Karyn]

Hello,
I'm hoping someone can educate me about what is the reasonable, or even legal amount of time you should be able to receive medical records from an office visit?
I was under the impression the legal time frame was within 30 days. Maybe that's just the medical facilities policy? Does it vary from state to state? Medical facility to medical facility? I'll gladly explain where this is coming from, if anyone is interested.
Any feedback would be greatly appreciated!
Warm regards,
Karyn

[HerMajesty]

I don't know about the time frame; what was drilled into us in nursing school was just that legally the medical record is the property of the patient. So regardless of legal time frame, you might be able to pry those medical records out sooner with a phrase like "Medical records are the legal property of the patient and I am being deprived of my personal property for an inordinate amount of time. This is not legal."
...If they ARE within the legal time frame and they know it, they will get all uppity and quote the legal time period in their own defense, hence saving you the trouble of researching it. If they are beyond the legal limit or don't know themselves, they'll hustle to get you the records

[nyt]

I believe (not totally sure) in New York state if a lawyer requests your records, say for malpractice or disability, it is about 90 days. I know some dr.'s offices are speeder than others. One dr.'s office I waited about 3 months before I called to ask if they had forgotten and they had. They sent them to me a couple of weeks later. Just call the dr.'s office and see if they forgot.

[Emily B]

Hi, Karyn.

To find out the rules for your state, you can go to http://patients.about.com/gi/o.htm?zi=1 ... cords.html

Choose your state from the column on the right. Then on the left side, click "Getting Your Medical Record". Here's what I found for MA:

"You have the right to see your medical record. You also have the right to get a copy of your medical record. These rights are often called the right of access to your medical record.

In Massachusetts, the time period for responding to your request to see or get a copy of your medical record differs depending on the type of provider. Most health care providers, including hospitals, must let you see or give you a copy of your medical record no later than 30 days after they receive your request. Under rules set by the Board of Registration in Medicine, doctors usually must respond to your request within 14-21 days.

Generally, your health care provider must give you a copy in the format that you request if they are able to do so.

In many cases, you may have to pay a fee to get a copy of your record."

Hope that helps,

Emily B.

[Celeste]

This link specifies 30 days, provided you gave a written request for the records and paid the fee for them. I don't know if it means 30 calendar days or 30 work days, though. If either one of these has already elapsed, I think you should certainly contact them and ask what's going on.

http://www.cga.ct.gov/2006/rpt/2006-r-0599.htm

[Karyn]

Thank you for your replies, HM and Nyt. I'm really hoping to not get a lawyer involved. I just want my freakin records and am not sure if I'm being unreasonable about the time frame.
So, here it is:
I saw Dr. Shobeiri in OKC on 01/18/11. Details of that visit are posted in another thread. On my out the door of that visit, I filled out a Release of Medical Records (to myself) to be mailed to my home. I starting calling the office 2 weeks after my appointment because I wanted my MRI CD back and my records of the visit. I'll get into the CD thing in a little bit. Regarding the records, I FINALLY got 4 pages of something FAX'd to me at work this past Friday (02/18/11). The aforesaid 4 pages consisted of my family medical history, responses to general bladder & bowel questions, my age, how many cups of coffee I drink a day, blah, blah, blah. The "Status" at the top of the document says, "In progess document. Contents are preliminary".
There's no mention what so ever of the exam, the internal ultra-sound, no doctors notes ... NOTHING. The only mention of Dr. Shobeiri is he's listed as the PROVIDER. So, I've been asking for these records for weeks and I actually spoke to the person who sent the FAX, right before she sent it. Never did she mention she was sending me documents stating how old I am or info I provided them about my family history, or how many cups of coffee I drink a day. Never once mentioned these were preliminary documents and I could expect a final record ... whenever. Unfortunately, I had to leave work soon after receiving the FAX, so I didn't have the opportunity to call back to express my displeasure. That'll come next week.
So, I'll ask again ... am I being unreasonable to expect a COMPLETE record in a timely manner? What is a timely manner? A month? Two months? Six months? As an experienced gatherer of medical records, I've never encountered this before! This is what's been going on with my 3T MRI CD that I paid $75 for:
At the conclusion of the office visit, Dr. Shobeiri asked if he could copy my CD and mail it right back to me. I stupidly agreed.
THEN ...
I get a call from Shobeiri two weeks later saying he and his radiologist are awaiting a conference call with Dr. Potter and the CD will be returned to me at the conclusion of the conference call.
THEN ....
Another week or two goes by with no CD, and no call from Shobeiri.
THEN ....
I call the office again, inquiring about the CD and records. At this time I'm informed, "We'll look for your CD and IF we find it, we'll mail it back to you".
THEN ....
After another week of no CD or records, I call again and leave a message. I received a message on my home phone a few days later saying, "We've mailed back your CD. It's been snowing here and you need to be patient".
THEN ....
Another week goes by and I should've receieved the CD if they mailed it.
THEN ....
I call the office again on Friday (02/18/11) and spoke with Shobeiri's nurse. She tells me she has to get the CD from the radiologist and will put it in the mail that day. Also said she would FAX my records over right away.
WHAT THE FUDGE?!?!?!?!?!?!

[Karyn]

Thanks, Emily & Celeste.
No, I didn't pay anything for the Shobeiri records. I've learned that fee can be and is usually waived if you indicate you need them "for further medical care". There was nothing on the form I filled out in OKC about a fee for records and for what it's worth, I did ask about a fee as I handed my completed request to the medical assistant.

[Karyn]

Thank you again, Emily and Celeste. I copied this from one of the links you provided above and chose OKLAHOMA:

How Long Should It Take to Get My Medical Record?

Generally, no later than 30 days after your health care provider receives your request, they must either
Let you see or give you a copy of your medical record or
Tell you that they are denying your request for your record.

Can it ever take longer?
Yes. If your medical records are kept off site, your health care provider can take up to 60 days to respond to your request.

If your provider cannot respond in 30 days (or 60 days if your records are kept off site), they can get one 30-day extension. Your provider must give you a written explanation for the delay and tell you the date they expect to respond. It should not take more than 90 days total to get a response to your request for your record.

When does the 30-day time period begin?
The 30 days does not start until your provider receives your request for your medical record. If you mail your request, you should include some time for mail delivery when you compute the date you should receive your record.

[Celeste]

Unfortunately it doesn't sound like it would be a bad idea to get a lawyer involved; perhaps a letter could work some magic. It sounds like somebody's fed you a line here and there, and enough is enough. I'm sorry that your experience there was nothing but trouble right down the line.

[Karyn]

It's Monday morning, 10:00 am (est) and Dr. Shobeiri just called. He said he was FAX'ing my complete record to my mom's house, as I don't have access to a FAX machine at my home. I'm off work today for Presidents Day. He said there was a delay with completing them because he was waiting to hear back from his radiologist. Said he was aware that his nurse FAX'd me incomplete records this past Friday and didn't know why she did that. She told him she was aware I had a doctors appointment today and wanted to bring my records with me.
I asked about the conference call with Dr. Potter and he said his radiologist spoke with her but he didn't. He said that he and his radiologist could see the scar tissue, but his radiologist isn't capable of capturing the images, it must be her software, and that his diagnosis remains the same. He asked me if I had any luck with my insurance for botox injections. I repeated that I wasn't interested in botox, so no. I didn't pursue that avenue. Then he asked me if I received the CD yet. He expressed surprise when I told him I hadn't and then went on to tell me that he made a copy and mailed it to me. So, I asked WHEN? He replied, "FRIDAY".
Sigh .....