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HIPAA Re-release or re-disclosure rule anyone? - anita8jp
Posted: Sep 07, 2011
I've had a clinic in WA state refuse to release to me or my new PCP some archived files I had sent to them from my doctor in San Francisco.
A local hospital MR department said that the files are mine since I paid for them and that they absolutely should have told me why they were refusing to release these particular files--I was just repeatedly refused.
I was told that there is a HIPAA clause that permits re-release of such documents, but I'm having trouble finding this rule. The only thing I see pertains to re-release between facilities, not the patient/individual.
Thanks for any info.
ROI - MT
[ In Reply To ..]I would agree that you have the right to all the copies in your file. I would think a call to OCR or filling out the complaint form would help answer your question. I also believe that they have to provide you a reason, in writing, in 30 days, or maybe 60, I forget which, for refusing you the files. Generally, though, when you fill out an authorization form for your new PCP to receive all files, that includes all copies of records in the files, unless there is a valid reason to not send, i.e., doctor says not to send as they could harm you, but again in that case they must provide the reason in writing. I would just call OCA and get the answer straight up though, as wading through the hhs website is a nightmare sometimes.
OCR--I've been calling for days to speak to someone... - anita8jp
[ In Reply To ..]...but can never get to anyone...all staff are busy ad nauseum.
I've prepped a letter and a friend suggests that I send it registered mail to get the clinic's "attention" which I will deifnitely do. I just wanted to be able to quote the HIPAA citation # backing up my rights to those documents.
As this has been going on so long, I may just send the letter witout the specific citaton and see what happens.
Thanks.
I put in HIPAA reprelease in google and found this link-- - Debra
[ In Reply To ..]http://www.thima.org/legal.htm#Can%20a%20health%20care%20provider%20release%20records%20of%20another%20health%20care%20provider--it may answer you question.
Re-disclosure link... - anita8jp
[ In Reply To ..]Hi,
While I was hoping for a specific HIPAA citation in that link, I think there is enough "legal language" I can paraphrase to sound official enough.
Thanks so much for the link. I expect I'll be able to get this letter sent and move the h@ll on.
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