To obtain copies of medical records,you have to be the patient, or the parent of a minor child or thelegal guardian of the patient for whom you seek medical records. Ifyou are a caregiver, you may be able to obtain medical records if thepatient has provided a legal medical power of attorney to theprovider. Verbal authorization generally is not sufficient, but maywork for some providers for a limited time. Forget about inquiringor obtaining medical records for your spouse, children of legal age,or parents without legal authorization.
The US Department of Health and HumanServices provides background information to help you understand whomay, or may not, be able to access your medical records. Providersare required to follow the state rules in which the records are kept. Generally, this means for an adult medical records are kept six ormore years. Most children's records are kept three to 10 yearsbeyond the age of 18 or 21. It is always wise to contact theprovider to see if the records are still available.
Your doctor or provider is required toshare any notes or records they have created or any test resultswhich they have copies. Any information provided to them by anotherdoctor is accessible if that information was used for the diagnosisor treatment being discussed with you. Diagnostic lab tests are alittle more complicated, as blood tests, CT scan, x-rays, mammograms,or other tests should be requested from the doctor who ordered them,or from your primary care physician. In most states, the lab willrefuse to provide them directly to you. For other records such ashospital records, clinics, or any other medical facility, be sure torequest the copies directly from them.
When it involves mental health andrelated records, this is an area where many doctors will refuse youaccess. If they do, they must make the reason for denial clear inwriting.
Many patients unfortunately believethey or their legal representatives are the only ones that can getcopies of their medical records. This is false; there are peoplethat can legally gain access to your medical records without yourpermission.
When you request copies, mostpractices, offices, or hospitals will have a form to complete toreceive a copies of the requested medical records. They normallywill send it to you by fax, email, postal mail, or you may pick it upfrom the doctor's office. If the facility does not have a specificform, you may write a letter, but be sure to include the followinginformation:
- your name, including yourmaiden name (if applicable)
- make sure that you date theletter for the date of delivery if possible
- your social security number
- your full date of birth
- your complete address
- your phone number or cell phonenumber
- the list of record(s) beingrequested
- the date(s) of service when youwere under this doctor's care
- delivery method preferred –pick-up, fax, email, or other method
- your signature
Now we come to the problem of gettingrecords from a doctor that has sold out, merged into anotherpractice, or had simply left the practice (whether died, quit,retired, or another reason).
If your doctor has left the practice orsold the practice or it was combined with another practice, then thenew practice should still have your records. If this is the case,follow the same procedure above as if the doctor was still working inthat practice.
If your doctor is no longer inpractice, or for some reason you cannot locate the doctor or officewhere you think your records should be, there are some steps you cantake to locate your medical records. These steps include:
1. Contact your local medical society. You may be able to lookup the phone number online or in the phone book, or you may find thecontact information you need through this list of medical societiesin each state. You will need to drill down by state to your localsociety. Someone at themedical society should be able to let you know what became of yourdoctor's practice, and will possibly know where the doctor's recordsare being housed. They may also be able to tell you how to get copiesif the procedure will vary from the basic procedure described here.2. If your local medical society does not have the information youneed, then contact your state medical society association, asper the list linked in #1 above. 3. Finally, if the medical societies cannot help you, then begincontacting other practices of the same specialty in your area.Some doctors will ask other practices of the same specialty to housetheir records when they close their practices. The idea is, that ifyour doctor is not in business any longer, then the other specialistmight want to pick you up as a patient. Simply call theoffice of each of the other same-specialty doctors and tell them, "Iwas a patient of Dr. ____'s. I am hoping to find my medical records.Can you tell me if Dr. _____ gave them to your practice?" Ifthey say yes, then ask their protocol for getting your copies. Ifthey say no, then ask if they know where those records are beingkept. If they do not know, then call the next same-specialty practiceand ask them the same question. 4. Finally, if none of these possibilities work out, contact thehospitals in your area. Unless you can determine a betterdepartment, then try Human Resources. They may know where yourrecords are being kept.
Keep in mind that when your recordshave been housed elsewhere, they will be difficult to retrieve unlessthey are among the minority of records that have already beentransferred to an electronic health record. For that reason, you willvery likely be charged for the copies you want. Learn more about howmuch you may have to pay for copies of your medical records.
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