Legal Question in Health Care Law in California

Upon the recommendation of my internist, I saw a specialist twice in March for a very specific condition. Neither visit went very well. While the doctor was supposed to be doing a gynecological exam, she inserted a catheter into my bladder without telling me in advance and getting my consent. (This cost an additional $367 for a procedure which took a minute and a test which came back negative.) She also gave me 2 prescriptions which had nothing to do with why I went to see her and were contraindicated by another doctor about whom she made disparaging remarks. Then she told me I had to come back again for a biopsy. I knew that was totally unnecessary as I recently had a hysteroscopy by another doctor and everything checked out okay.
I, therefore, wrote a letter requesting to look at my file under the HIPAA law & hand-delivered it to the doctor's office. The person who handles medical records told me & my husband to come back in a week which we did. This time, she told us that we could not look at my records & I would have to schedule an appointment with the doctor who would explain everything to me then plus I'd have to pay a minimum of $150 for the visit. I repeatedly said that I didn't need to see the doctor & that we just wanted to read the file, specifically the doctor's notes but she refused to let me look or send a copy.
Under HIPAA, can you indeed be prevented access to your medical records if the doctor only wants to relay information verbally? And must you pay for that time with the doctor?

Asked on 4/29/11, 4:13 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Write to the Medical Board of California and tell them the doctor won't release your records. Include a copy of the letter you hand-delivered.

Answered on 4/29/11, 4:18 pm

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