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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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My doctor retired and his patients were not notified. The

Resolved Question:

My doctor retired and his patients were not notified. The practice was sold to Aria Health Systems. As need my records right away for a couple of my other doctors my primary doctor sent them my signed request to obtain them. They kept stalling so i went to the office and told them why i needed them and i wasnt leaving till they give them to me. They gave me only two years worth and not all of the records for the last two years were there. They also promised me they would send the remainder. They didnt. When i called them today to see what the problem was i was informed that Aria Health has instructed that they only send two years worth. They flat out refused my previous records. As I went to this doctor for 17 years and having personally seen my file i dont know why they refuse. I need all of my medical History. Is there any thing i can do about this. Thank you. Margaret Bowie-Zimmerman
Submitted: 2 years ago.
Category: Legal
Expert:  LADYLAWYER replied 2 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

Customer:

were you able to review my question?

LADYLAWYER :

Yes, and I apologize for the delay. My computer froze up and I had to reboot.

LADYLAWYER :

Please give me a moment to retype my answer.

Customer:

ok.

LADYLAWYER :


















In Pennsylvania you have the right to:












See and get a copy of your medical record.

















 



 



 



 



 



 



 



 



 


 





 




 



Your health care provider usually must let you see your medical record and/or


give you a copy of it within 30 days after they receive your request.


Your health care provider is allowed to charge you for copying your record. The


fee per page depends on the number of pages copied. You can also be charged


the actual cost for postage or delivery.











Amend your medical record by having information added to it.





You have the right to have information added to your medical record to make it


more complete or accurate. This right is called the


right to amend

your record.











File a complaint.





You have the right to file a complaint with the Office for Civil Rights, U.S.


Department of Health and Human Services if you believe your health care


provider has violated your right to see, get a copy of, or amend your medical


record. You can also file a complaint with the state agency that regulates your


health care provider.\





 




LADYLAWYER :






You have the right, under the HIPAA Privacy Rule, to file a complaint with your health


care provider. Your health care provider’s notice of privacy practices must describe


how to file a complaint.



You can file a complaint with the Office for Civil Rights, Health and Human Services


(OCR).



You can get detailed information about filing a complaint with OCR at



http://www.hhs.gov/ocr/privacyhowtofile.htm




.




You can call OCR at 1-800-368-1019





if you need help filing a complaint or have a


question about the complaint form. This is a toll free call.





 

LADYLAWYER :

If you file a complaint with OCR, your health care provider cannot threaten you or do


anything else to get even with you.


You can file a complaint about a licensed health care practitioner with the Pennsylvania


Department of State at:


Pennsylvania Department of State


Complaints Office


2601 North Third St.


P.O. Box 2649


Harrisburg, PANNN-NN-NNNN/p>

This office receives complaints on behalf of the Pennsylvania State Board of Medicine


and other licensing boards.


You must file a “Statement of Complaint” form. You can download a complaint form


from the Department of State’s Web site at:


http://www.dos.state.pa.us/bpoa/site/default.asp.


You also can obtain a complaint form by calling the Complaints Office Hotline at:


1-800-822-2113 (free within Pennsylvania) or at(NNN) NNN-NNNN

LADYLAWYER :

So sorry for the layout. I have no idea what is going on with the webiste or my computer right now.

LADYLAWYER :

Did you have more questions about this that I can help you with?

Customer:

do they have to give me my whole record or can they get away with just giving me two years worth?

LADYLAWYER :

They have to keep pyour record for the last 7 years, so they have to give you all 7 years' worth.

Customer:

i've got to this particular doctor since 1995 is it realistic to expect copies of the whole file?

LADYLAWYER :

They can ask you to pay for it and if they have the records since 1995, then you have a right to everything. But legally, they only have to keep your records for 7 years so that may be all they have.

Customer:

i know for a fact that they have the whole file and they never even mentioned paying for it. if that was the case i would have paid them. thank you for this information.

LADYLAWYER :

You are very welcome! I would of course try to let them know you are aware of the law and that you plan to file a complaint if they do not comply with it. If they still will not allow you copies, then go ahead and file the complaints.

LADYLAWYER :

If you have any more questions, I am happy to answer them! If this answer is responsive to your question, please accept it. That is how we are compensated and it costs you nothing further to press accept. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus but it is certainly not required. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. Thank you!






LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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