I have an unpaid balance that I have been making payments on. I had gone over 30 days without making a payment so they sent my account to collections and kicked us out of their practice. I am now trying to find a new dr’s office for my children but the former dr’s office says they will not release my childrens medical records until my balance is paid in full. Is this legal- can they not release my childrens records? Don’t those records legally belong to me as their guardian? What can I do about this?
Is it legal for a doctors office to not release my children’s medical records due to an unpaid balance?
05
May
Andi D
May 5, 2010 at 11:56 am
I’ve never heard of such a thing, because those records are for continuity of care for your childrens treatment. I’m unsure of whether this is legal or not, but I would definitely contact a lawyer about this. I personally think it’s ridiculous and the office has their priorities completely out of whack. Those records are yours/your childrens and if something would happen in the new doctors office because the new doctor doesn’t have any information on past medical history, the previous office could be liable. I’m sorry you have to go through such a struggle when caring for your children! Check with a lawyer or maybe even a local hospitals legal department. Good luck!
HesykhiatheTauren
May 5, 2010 at 12:31 pm
you do have the right to have your medical records whether or not you have paid them. the following is from wikipedia, and it states that your medical records are owned by you(if you live in the US).
In the United States, the data contained within the medical record belongs to the patient, whereas the physical form the data takes belongs to the entity responsible for maintaining the record.[citation needed] Therefore, patients have the right to ensure that the information contained in their record is accurate. Patients can petition their health care provider to remedy factually incorrect information in their records.
In the United Kingdom, ownership of the NHS’s medical records belong to the Department of Health,[1] and this is taken by some to mean copyright also belongs to the authorities.[2]
italiansweet21
May 5, 2010 at 1:05 pm
It all depends on where you live. HIPAA makes it legal to look at your medical records,but some states are different into if you need to pay for it as well.
I’m sure it isn’t legal,but check with your states regulations on HIPAA.
Good luck