Now what do I do? Anyone know what our rights are? (Medical)

[C.Ann]

Okay - so my DH is seen at the VA last week and now that they finally decided to do a blood test to see where his prostate cancer stands - and saw that his PSA is 301 - they feel he should be "seen" at the Urology Clinic..

Today I get a letter in the mail - with the time and date of his appt. - and handwritten on the bottom is: Please HAND CARRY all previous urology records since first being diagnosed with prostate cancer to this appointment."

He has been treated by 3 different doctors (outside of the VA system) for his cancer - as well as undergoing an experimental program in a large medical center.. NO ONE is willing to give us these records - they insist they have to be faxed to the VA.. When I called the VA, they insist we have to deliver them by hand..

So - how do we work our way around this one?

I swear there is something in the employment contracts at the VA that states, "You must drive at least 5 VA's (and/or their spouses) crazy each day or you will be terminated due to inferior performance.."

 

[Pin Wizard]

I don't know, C.Ann, but I got the same thing the other day. I tried calling a pediatrician's office to make an appointment for DS. They said that before they will even schedule something, I need to get ALL his medical records. He's been with one pediatrician in FL for 11 years...ALL his records? And let's throw in the pediatric endocrinologist. Whatever happened to signing a release form, a request for records, and them doing the run around?

 

[roliepolieoliefan]

Anytime I've needed records, My doc usually just had me sign a release form and they did the leg work. But in reality, it is your right to those records. They can't tell you, you can't have them. I'm a nurse and have had alot of dealings with the VA. To say in short, nothing can ever be easy there. Good Luck! Hope all works out!

 

[BedKnobbery2]

You may have to sign a release form, and they can charge you copying fees for the records, but your husband is absolutely entitled to them. They are HIS records! I would call the doctor's office back and ask to speak with the head of the records department.

 

[Pop Daddy]

hang in there

 

[C.Ann]

I agree with all of the posts written here.. I worked in a medical office myself and I WAS the medical records clerk.. The policy of the doctor I worked for was that I had to retrieve the records, let her review them, and then they could be passed on to the PATIENT after a release was signed..

The people I am currently dealing with aren't even interested in my paying copying fees (which I would be more than happy to do) - they are just flat out refusing to release them to anyone but the VA and the VA is standing firm on their insistence that we "hand deliver" them..

 

[MeanLaureen]

I don't understand why they would not give you a copy of the records.

When I went to a different Rhuematologist for a second opinon my primary doctor gave me copies of all of the updates he had recieved from my first Rhuematologist to take with me. I didn't even have to sign anything - just drop by and pick them up from the receptionist.

 

[CEDmom]

Whenever I've needed or wanted copies of medical records I just had to sign a release form and occasionally pay a small fee (i.e. 10 cents a page). Doesn't this fall under "your right to know" laws? I don't think any medical facility can deny you the right to these records.

It sounds like your not dealing with people who are not the brightest bulbs in the pack or the most cooperative.

Hope you get what you need.

 

[Towncrier]

You can thank the new medical privacy act for all the confusion. Do you know how many of those darn privacy act papers that I have been given during the past 3 months? A law that was put in place to protect our confidentiality has made it a royal pain to get records transferred from one doctor to another.

Perhaps the people you are dealing with are being overly cautious as to not break federal laws regarding confidentiality.

 

[Mskanga]

C.Ann , if your husband signs a note stating for the records to be released to whoever ( you in this case ) , they cannot deny it, but they may charge you a fee for the records.
I know because I just went through that with x-ray records for my husband, they needed a note from him and his signature , and this was in an office where everyone knows he's my husband , but because of the HIPA laws , they had to ask for the note.

 

[tkd lisa]

Is there a patient advocate you can call? I agree you have full rights to the records, but being right won't help you with this appointment.

If no advocate is available, is there a medical correspondant for a local TV station? If so, tell the VA that you are calling the TV station to notify the public that your husbands' critical problem isn't being addressed because of THEIR system. Sometimes just the threat of showing how stupid our systems are will make the problem go away.

 

[bentley483]

Sorry you are having so much trouble with this. Are you your husbands legal representative? If so, then you can request the records be sent to your address after signing the release form, or you can go and pick them up. It is against the law for them to withhold copies of them and if they do then you need to report them to the Medical Board. If you are not your husbands legal representative, then he must sign the release and be present to receive the copies, or they must be sent to the address the Dr.'s office has on file. Either way you have a legal right to these copies. As outlined in section 45CFR164.524 of the HIPAA. Here is a link to that specific information in the HIPAA.
http://a257.g.akamaitech.net/7/257/...cess.gpo.gov/cfr_2002/octqtr/45cfr164.524.htm


Hope this helps!

 

[palmtreegirl]

No advice but I just wanted to send you some

 

[HoneyPooh]

Your DH's doctors are legally obligated to provide him with copies of his medical records upon request. They are allowed to charge a "reasonable" fee for processing and copying. At this point with all the new laws they may require him to appear in person with proper ID to hand them over. Sorry you're having to deal with this on top of everything else.

 

[C.Ann]

Originally posted by HoneyPooh
At this point with all the new laws they may require him to appear in person with proper ID to hand them over. Sorry you're having to deal with this on top of everything else.

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Appear in PERSON ?? Well I can tell you THAT is not doable - not with the number of doctors and locations involved - so either they accept a written note and signature from him and turn over the gosh darn records or I'm going to threaten to go public via the newspapers and television..

This is ridiculous! Of course if I "had" to choose sides, I'd say that the doctors offices are only trying to stay within the new laws and it's the VA that is being totally unreasonable..

Gee - why am I not surprised by that???????????

 

[Disney Doll]

My suggestion is to have your attorney contact whomever is holding the records hostage and ask them why they are refusing your husband access to his medical records, if you have demonstrated a willingness to pick them up and pay copying charges? There are several regs that protect your right to the records, and I am sure the folks who govern the new HIPAA regs would be interested in hearing about it too.