Legal Question in Health Care Law in California

is it legal for medical companies to charge you when you need your medical records transfered? i have two children one has need alot of blood work this past year for an illness that they havent been able to figure out yet...i lost my insurance but now has it for them threw the state but the previous hospital will not release there records unless i pay the $250.00+ (it cost .25 cents each page+other fees for emp time).. i dont have the money and the new doctors need to see prevoius notes and blood work results.. what can i do????? also then new hospital charges to file the records...i dont know how much thats gonna cost..


Asked on 11/06/09, 1:47 pm

1 Answer from Attorneys
Bryan Becker Becker Attorneys

In California, your doctor or hospital may charge you no more than 25� a page for photocopies or 50� a page for copies from microfilm. If you request that they mail the copy to you, you can also be charged for postage. Under the HIPAA Privacy Rule, your health care provider cannot charge you a fee if you just review your medical record.

Although California law permits a charge for locating records and making them available (these fees are sometimes called �retrieval fees") The HIPAA Privacy Rule does not permit providers to charge these fees. Because the Federal HIPAA Privacy Rule is more protective of your rights in this area, your provider must follow the HIPAA Privacy Rule. They may not charge these fees.

I would remind them of these rules and ask that they reconsider charging you for employee time. There is a statutory penalty that they would be subject to if they willfully ignore application of the state statute.

Regards,

Bryan

Bryan Becker

Becker Attorneys

www.bbeckerlaw.com

877.201.8728

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Answered on 11/12/09, 6:05 pm


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