Legal Question in Health Care Law in California

denied access to medical records

I need some help with this one. I was involved in a car accident and diagnosed with fibromyalgia and a herniated L-4, the doc I was seeing had me on methadone and norco for breakthru pain. My insurance cancelled and my last two visits to this doc were not covered and became my responsibility. I found a new doc that would take me on a sliding scale with no insurance, I told her I was on methadone and she informed me that she could not prescribe it without my medical records from old doc. I filled out the request for old doc to fax records. 4 days later (today) the new doc's office called and said that old doc is refusing to release records because I owe him money. I sent a letter to old doc informing him that I thought this was illegal and again asked that he either fax them or let me pick them up. He called my phone and left a voicemail stating that he didn't care and let it go to court. My new doc can not do anything until she gets these. I am in immense pain and feel like this is intentional torture. Is this legal? And if not, what can I do? What if I needed heart meds and died because of this!! Please help!!


Asked on 11/20/08, 7:59 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: denied access to medical records

I am sorry to hear of what you are going through. You need to have an attorney get involved as soon as possible.

There are no allowances for withholding records until the bills are paid. If you make a written request and pay for the information (reasonable copy fees), you must be given access. (Health & Safety Code �123110.)

Moreover, if you doctor is a member of CMA, CMA physicians are bound by the Principles of Medical Ethics of the American Medical

Association. Opinion 7.02 of the Council on Ethical and Judicial Affairs interpreting the AMA principles

provides as follows:

. . . Medical reports should not be withheld because of an unpaid bill for medical services.

If you would like to discuss this matter with me further, (free consult) please feel free to contact me.

Yours truly,

Bryan

619.400.4929

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Answered on 11/24/08, 1:49 pm


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