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Page Title:
Who has ownership of medical records?

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what is the name of your state (only u.s. law)? ny when i wanted to get a second opinion, i asked a doctor for my records. his staff said that they
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questions tax law drunk driving speeding moving violations parking tickets non moving violations wills trusts estate planning probate personal representatives elder law powers attorney living wills open technical issues linkback thread tools rate thread display modes debodun member date nov posts ownership medical records name state law ny wanted second opinion asked doctor records staff said copies doctor retain original file wanted charge records extensive come medical records property patient doctor reasonable fee pay obtain racer senior member date jan posts records belong doctor sounds reasonable second opinion doctor request records generally doctors supply doctors medical records charge course records supplied second doctor belong you feel answer rude mean snarky anyway liking job need tell private messages reply malpractice attorney malpractice case review ecmst senior member date feb location philadelphia posts records property office entitled hipaa doctor permitted retain original required hands property allowed charge copying represents material cost time involved copying record sounds little high unreasonably especially ny disclaimer signature directed personally lawsuits justice money want money thinking suing people post thinking suing want money matter want admit auto insurance adjuster years quote originally posted creativeblock matters ecmst seen kind compassionate malpractice attorney malpractice case review ajkroy member date aug posts common misconception doctor owns records keep records years depending age patient potential reference legal purposes entitled copies proper advance notice common charge patient time effort taken reproduce records excessive states caps office charge prepared record contain generated office records previous providers included storm pessimist complain wind optimist expect change realist adjust sails malpractice attorney malpractice case review ecmst senior member date feb location philadelphia posts incorrect office include records try tell inform required release copies file possible exception mental health records disclaimer signature directed personally lawsuits justice money want money thinking suing people post thinking suing want money matter want admit auto insurance adjuster years quote originally posted creativeblock matters ecmst seen kind compassionate malpractice attorney malpractice case review lealea senior member date jul location supratentorial region posts quote prepared record contain generated office records previous providers included requested entire medical record hand copied state regulations regarding charges review copying medical record physician reasonable time copies patient questions complicated answers simple dr seuss edited lealea reason add sentence malpractice attorney malpractice case review guilty senior member date jun posts quote originally posted lealea requested entire medical record hand copied state regulations regarding charges review copying medical record physician reasonable time copies patient hipaa gives reasonable time produce weeks generally reasonable ny absent extenuating circumstances health state ny publications costs limited statute permitted inspect records days request quote originally posted ny phl release medical records written request competent patient parent guardian infant guardian appointed pursuant article mental hygiene law conservator conservatee examining consulting treating physician hospital release deliver exclusive personal notes said physician hospital copies rays medical records records including laboratory tests regarding patient designated physician hospital provided records concerning treatment infant patient venereal disease performance abortion operation infant patient shall released manner available parent guardian infant provided original mammograms copies thereof shall released delivered physician hospital incurring expense providing copies rays medical records records including laboratory tests pursuant provisions section may impose reasonable charge paid person requesting release deliverance records reimbursement expenses provided physician hospital may impose charge copying original mammogram original released delivered competent patient parent guardian infant guardian appointed pursuant article mental hygiene law conservator conservatee provided charge delivering original mammogram pursuant section shall exceed documented costs associated therewith reasonable charge paper copies shall exceed cents release records section shall denied solely inability pay purposes section term laboratory tests shall include limited tests examinations administered clinical laboratories blood banks terms defined section chapter lot doctors hospital try ding extra charges retrieval fee handling charge bring cost iconoclasts rely good malpractice attorney malpractice case review laquo previous thread thread raquo currently active users viewing thread members guests thread tools show 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Who has ownership of medical records Free Advice Law Advice Insurance Advice Community Register FAQ Calendar Search Today's Posts Mark Forums Read Medical and Health Care Malpractice Includes Doctor Dentist Druggist Hospital and Nursing Home Malpractice FreeAdvice Legal Forum gt ACCIDENT AND INJURY LAW gt Medical and Health Care Malpractice Who has ownership of medical records User Name Remember Me Password Select a Forum to Post a Question Auto Accidents and Vehicle Claims Dangerous or Defective Products Medical and Health Care Malpractice Environmental Toxic Torts Workplace Injuries Worker’s Compensation Other Personal Injury and Wrongful Death Consumer Bankruptcy Business Bankruptcy Banking Credit Cards Debt Collections Starting and Operating a Business Business Contracts and Franchises Brokers Investments Sports Arts Entertainment Law Consumer Contracts Guarantees and Warranties Lemon Law Online Purchases and Sales Libel Slander Defamation Legal Ethics Lawyer Malpractice Civil 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Software Internet Law Online Purchases Sales Buying Selling a Home Landlord Tenant Issues Condos and Co Ops Construction Renovation Mortgages Refinancing Foreclosure Neighbors Boundaries Other Real Estate Law Questions Tax Law Drunk Driving Speeding and Other Moving Violations Parking Tickets and Non Moving Violations Wills Trusts and Estate Planning Probate and Personal Representatives Elder Law Powers of Attorney Living Wills Open TECHNICAL Issues ONLY LinkBack Thread Tools Rate Thread Display Modes AM debodun Member Join Date Nov Posts Who has ownership of medical records What is the name of your state only U S law NY When I wanted to get a second opinion I asked a doctor for my records His staff said that they could make copies for me but that the doctor would retain the original file They wanted to charge me for each page and since my records are extensive it would come to over Are medical records the property of the patient or the doctor What is a reasonable fee to pay if any to obtain them AM racer Senior Member Join Date Jan Posts The records belong to the doctor not you a page sounds reasonable Why don't you have your second opinion doctor request the records generally doctors will supply other doctors with medical records without charge Of course the records supplied to the second doctor belong to him not you If you feel my answer is rude mean snarky or in anyway not to your liking I did my job You don't need to tell me No private messages I do not reply to them Find a Malpractice Attorney Free Malpractice Case Review AM ecmst Senior Member Join Date Feb Location Philadelphia PA Posts Records are the property of the doctor's office You are entitled to a copy under HIPAA but not only is the doctor permitted to retain the original he is REQUIRED to Once the copy is in your hands the COPY becomes your property They are allowed to charge you for copying and it represents not only the material cost but the time involved in copying the record page sounds a little high but not unreasonably so especially for NY DISCLAIMER THIS IS MY SIGNATURE IT IS NOT DIRECTED AT YOU PERSONALLY Lawsuits are not about justice They are about MONEY If you don't want money then you shouldn't be thinking about suing And people post here because they are thinking about suing Because they want money no matter how much they don't want to admit that to themselves Auto insurance adjuster for years Quote Originally Posted by CreativeBlock If it matters Ecmst I have never seen you be anything other than kind and compassionate Find a Malpractice Attorney Free Malpractice Case Review AM ajkroy Member Join Date Aug Posts This is a common misconception The doctor owns the records He or she must keep those records for years as many as depending upon the age of the patient for potential reference and or legal purposes You are entitled to copies with proper advance notice It is common to charge the patient for the time and effort taken to reproduce the records though seems excessive and some states have caps on how much an office can charge Be prepared that the record will most likely only contain information actually generated from that office and any records from previous providers will not be included In a storm a pessimist will complain about the wind an optimist will expect it to change but a realist will adjust the sails Find a Malpractice Attorney Free Malpractice Case Review AM ecmst Senior Member Join Date Feb Location Philadelphia PA Posts It would be incorrect for the office to only include THEIR records although many do this If they try to tell you that inform them that they are required to release copies of EVERYTHING in your file with the possible exception of mental health records DISCLAIMER THIS IS MY SIGNATURE IT IS NOT DIRECTED AT YOU PERSONALLY Lawsuits are not about justice They are about MONEY If you don't want money then you shouldn't be thinking about suing And people post here because they are thinking about suing Because they want money no matter how much they don't want to admit that to themselves Auto insurance adjuster for years Quote Originally Posted by CreativeBlock If it matters Ecmst I have never seen you be anything other than kind and compassionate Find a Malpractice Attorney Free Malpractice Case Review PM lealea Senior Member Join Date Jul Location supratentorial region Posts Quote Be prepared that the record will most likely only contain information actually generated from that office and any records from previous providers will not be included Unless otherwise requested the entire medical record on hand will be copied Each state has their own regulations regarding charges for review and copying a medical record The Physician also has a reasonable time to get the copies to the patient Sometimes the questions are complicated and the answers are simple Dr Seuss Last edited by lealea at PM Reason add sentence Find a Malpractice Attorney Free Malpractice Case Review PM You Are Guilty Senior Member Join Date Jun Posts Quote Originally Posted by lealea Unless otherwise requested the entire medical record on hand will be copied Each state has their own regulations regarding charges for review and copying a medical record The Physician also has a reasonable time to get the copies to the patient HIPAA gives them a reasonable time to produce them More than weeks is generally not reasonable in NY absent extenuating circumstances http www health state ny us publications Copy costs are limited to page as per statute You also are permitted to inspect not a copy the records within ten days of your request Quote Originally Posted by NY PHL § Release of medical records Upon the written request of any competent patient parent or guardian of an infant a guardian appointed pursuant to article eighty one of the mental hygiene law or conservator of a conservatee an examining consulting or treating physician or hospital must release and deliver exclusive of personal notes of the said physician or hospital copies of all x rays medical records and test records including all laboratory tests regarding that patient to any other designated physician or hospital provided however that such records concerning the treatment of an infant patient for venereal disease or the performance of an abortion operation upon such infant patient shall not be released or in any manner be made available to the parent or guardian of such infant and provided further that original mammograms rather than copies thereof shall be released and delivered Either the physician or hospital incurring the expense of providing copies of x rays medical records and test records including all laboratory tests pursuant to the provisions of this section may impose a reasonable charge to be paid by the person requesting the release and deliverance of such records as reimbursement for such expenses provided however that the physician or hospital may not impose a charge for copying an original mammogram when the original has been released or delivered to any competent patient parent or guardian of an infant a guardian appointed pursuant to article eighty one of the mental hygiene law or a conservator of a conservatee and provided further that any charge for delivering an original mammogram pursuant to this section shall not exceed the documented costs associated therewith However the reasonable charge for paper copies shall not exceed seventy five cents per page A release of records under this section shall not be denied solely because of inability to pay For the purposes of this section the term laboratory tests shall include but not be limited to tests and examinations administered in clinical laboratories or blood banks as those terms are defined in section five hundred seventy one of this chapter Although a lot of doctors hospital will try to ding you with extra charges i e retrieval fee handling charge etc which will bring the cost over page Iconoclasts don't get to rely on the good will of others 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