Are you butting heads with your healthcare provider over your medical information? You may have questions like, “Can a doctor’s office refuse to give you your medical records?” or “How can you access your records without speaking to a physician?”
It’s essential to understand your rights. Under the Health Insurance Portability and Accountability Act (HIPAA), patients have a legal right to access their medical records after an authorized request.
However, there are specific circumstances where doctors can say no to your request. Let’s explore those exceptions so you can make informed choices about your health.
Don’t fight with your doctor — access your medical records with ChartRequest!
Can a Doctor Refuse To Provide Medical Records?
Medical record request denials are more common than you may expect. Unfortunately, that means healthcare providers have the legal right to refuse access to certain data. Exceptions are few and far between, but they’re important to understand.
Here are some scenarios where denial is a possibility:
Patient Safety Concerns
Healthcare providers can refuse you access to certain medical records if they believe it could cause you physical or mental harm. For instance, if disclosing certain information could aggravate your condition or result in a traumatic response, a healthcare provider may withhold part of your records.
Doctors sometimes refuse access to documents like substance abuse treatment records for this reason.
Psychotherapy Notes
Psychotherapy notes are prone to misinterpretation according to HIPAA. A patient or authorized requestor could take the information out of context and jeopardize their treatment.
HIPAA provides special protections for psychotherapy notes. Doctors are under no obligation to release these notes when requested.
Legal Restrictions
Can a doctor’s office refuse to give you your medical records in the case of a legal proceeding? You should expect courts to withhold some or all of your information until involved parties reach a verdict or settlement.
Consulting an attorney to pursue copies of your medical records may be the best solution for this problem. They can recommend a path forward without needing to wait for a legal case to close.
Steps To Take When A Doctor’s Office Deny You Access
So, what can you do? Here are some steps you can take if a doctor’s office refuses to give you your records:
- Request an Explanation: Ask your medical record custodian for a clear reason why you cannot access your medical records. They should provide a written response explaining why they are denying your request.
- Seek a Second Opinion: You can ask another healthcare provider to review the decision if you believe the denial is unjust. You can also refer to your insurance provider about your situation.
- File a Complaint: You can file a complaint with the Department of Health and Human Services (HHS) if you believe there was an information-blocking violation of your HIPAA rights.
How To Ensure You Get Your Records Without Delays?
Following the steps necessary to avoid delays when requesting medical records is vital to your ongoing care. If your request is incomplete or incorrect, the doctor’s office can refuse to give you your records until you correct the issue.
Follow these steps to navigate the process without stress:
Step #1: Submit a Clear and Accurate Request
Make sure that your request for health information is specific. It should include details such as your name, date of birth, and the dates of treatment. Any missing or incorrect information could result in needing to start the process over.
Step #2: Follow the Office’s Record Request Policy
Every healthcare provider has its own preferred process for handling medical records requests. Asking about and following their standard process may help minimize your turnaround time.
While a doctor’s office can not refuse to give you your records due to your submission method, following protocol can help speed up your request.
Step #3: Verify Fees and Processing Times
Many practices charge a regulated fee for releasing medical records. These fees are generally based on variable factors like page count, so you may not have a concrete price until the records are ready.
Step #4: Request Records in Advance
Under the HIPAA Privacy Rule, healthcare providers generally have 30 days to respond to each request. State statutes may further reduce this deadline, but it’s wise to request medical records well in advance.
For example, let’s say you are in a fender bender and experience lasting neck pain. You know your medical records will be necessary in building a personal injury case, so you should request your records shortly after your appointment.
Experience Quick and Secure Access To Your Medical Records With ChartRequest
Understanding your right to access medical records is crucial for managing your health. Though situations exist where a doctor’s office can refuse to give you your records, you deserve peace of mind regarding your health information.
