So I will be going Monday to do my psych eval...for which I am super excited, because this is one of the last items to cross of my list of things to do in preparation for my surgery buutt I am a little concerned because the doctor I will be seeing Monday asked me for the medical records from a doctor I'd seen once 3 years ago...I called and spoke with that office; they told me no problem, that I just needed to fax an authorization form to them. I did that - and they call to inform me that I have a balance for two missed appointments and they may not release my medical records until that balance is paid! I know this is incorrect because after my initial visit with the psychiatrist, he made an appt for me with the therapist in his office...

Literally the morning of my lunchtime appointment, his office calls me at work to let me know that the therapist was supposed to be scheduled off after lunch that day so they needed me to come in right then. I told them there was no way I could keep that appointment as I was at work. Although this was 3 years ago, I distinctly remember this because this incident is the reason I did not return to that doctor (I thought it was unprofessional and didn't give me much faith in the competency of the doctor or his staff). This is also the reason I know without a shadow of a doubt that I did not schedule the second appointment they are claiming I missed. I keep records of all my doctor's appointments...although a handwritten note in a calendar nor a lack of some kind of paper trail hardly count as "proof".

At the time, I didn't give this another thought because I never imagined they would charge ME for THEM rescheduling my appointment...honestly, I never heard anything else from this office until the call recently - I never even received any statements or phone calls about me owing them any money. If I had, I certainly would have handled this then!

So I am worried that no medical records from my old doctor will be a problem for my new doctor. And if it is, do I just pay it and be done with it, in order to get the records?? Or do I continue to fight this with them? Because if I remember correctly, their fee for missed appointments is $100, $125 or something...you can see why I don't want to pay it. But at the same time... I've already spent about a bajillion dollars in co-pays and out-of-pocket expenses, so hey - what's another two fifty?? :wacko:

@@abtenney419 I don't think medical providers are allowed to withhold records because you have an outstanding balance with them. HIPAA gives patients a right to their records.

http://www.nolo.com/legal-encyclopedia/getting-medical-records-information-rights-32220.html

Also, if I am understanding correctly, the psychologist you are going to see is the one wanting the records from a doctor you saw once, three years ago? If need be, call the psychologist's office and explain that you only saw this doctor once and his (? or her?) office is refusing to provide the records even though you sent the authorization. I would bet that the psychologist will be okay to go ahead without the records. Only pay what they want if your only alternative is hiring a lawyer and suing them, IMO. Obviously you don't want to have to do that -- or forego your surgery. But you might get more action from the first doctor if you call up and tell them very nicely that it is your understanding that under federal law (HIPAA) you have a right to your medical records. Good luck!

eta: the American Medical Association has issued an ethics opinion which says "medical records should not be withheld because of an unpaid balance for medical services." http://www.texmed.org/Template.aspx?id=1619#sthash.aGIRh0Qf.dpuf

also:

http://www.avvo.com/legal-answers/can-a-doctor-hold-medical-records-if-he-is-owed-a--1645744.html

@@Bufflehead

Thank you for the info - I never even considered that what they are threatening is technically illegal. I will definitely bring this up with my new doctor on Monday, and see if we can at least get the medical records part of this squared away...I'll figure the supposed balance out later...again, thanks for the info ☺️

Most record release guidelines/charges are state specific. What state do you live in?

@@Bufflehead - HIPPA is not worth the paper its printed on anymore. Two things happened...one was ObamaCare, which put most people's insurance under the watchful eye of the federal government and there, well think of all the privacy the NSA, TSA and IRS afford you. But bigger than this was Economic Stimulus Bill of 2009 which created the computerized medical records act. The problem with that one was it allows sharing of billing codes linked to your information through third party providers. So they can track the drug choices your doctor makes by linking your pharmacy records (also included) with your doctor's billing code. Oh, so while they didn't "tell anyone" that you have the clap, the fact you got a pelvic, and an antibiotic on the same day is about virtual certainty that you do. You have to work really hard to keep things to yourself these days. Too many databases.

And its not just government, big pharma, and insurance: http://www.forbes.com/sites/kashmirhill/2012/02/16/how-target-figured-out-a-teen-girl-was-pregnant-before-her-father-did/

@@cindyw41 I live in Georgia. I did some research on my own, and if I understand correctly every state is held to the "can't withhold records due to a balance owed" thing...one thing I think does differ from state to state is whether or not the doctor's office will charge me for the records. But I think they can only charge if I request actual copies, and even then only if the copies are not requested due to the patient seeking treatment at another facility or with another doctor - which is the case in my...case. so it kind of sounds like doctor one cannot withhold my records from doctor two, even if he wants to

Are you really going to let this $250 stand between you and the chance to have an operation that will help you be healthy, your second chance, your "do over". It sounds like you have already completed everything on the checklist! You cannot stop now!

My surgery is on 10/26. Best wishes to you.

I agree that you should see if your new doctor can help you get the records.

But, I would definitely challenge the outstanding charges, in writing, including the fact that they have attempted to withhold your records. You need a record of your complaint especially if they try to send the charge to collections.

@@tamywill if it comes down to it, no, I will not let this stand in the way of getting my surgery done...especially since I am already cutting it very close in terms of my desire to have it done this year, due to some pretty significant changes in my insurance for 2016. It's just the principle of the thing ???? but it sounds like this is really a nonissue anyway,...I guess I'll find out on Monday! Honestly, I'm pretty sure I'm stressing over every little detail at this point, because I'm so close and have such little wiggle room for any obstacles. Thanks for your response, and good luck with your surgery!

Thanks to everyone for your responses

Interestingly, when I typed this I hosed up the spelling of "everyone" so badly that my tablet corrected it to Beyoncé. "Thanks to Beyoncé..."

Got a giggle out of that one

Tell the new doctor the situation. She may decide 3 year old records are not worth the trouble or she may request them herself.

If this doesn't resolve itself a phone call to your local DEA office will do wonders. Ask for the group supervisor (GS) of the diversion squad. A phone call from DEA to a doctors office solves many problems.

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I don't think the Drug Enforcement Agency (DEA) is the one you want. They really have nothing to do with this.

First I would ask the old doc's office who their malpractice carrier is. Then I would send a letter to the doc, with a copy to the malpractice insurance. The letter should be concise, state the facts, suggest training for their staff, and state what you want (the invalid charges removed and your record sent to your doctor - even if it's after the fact).