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Health care providers
Medical records
Originally Published: May 02, 1997
 

Can a health care provider (doctor) refuse to transfer patients records to another requesting provider that needs those records for the health and well- being of a patient?

 

If you, or your guardian, have given signed permission to your health care provider to release your records to you, or a third party, there should be no obstacles. The American Medical Association (AMA) Policy recommends that doctors provide their patients with the information in their records, and allows for substantial photocopying, for a fee. Your doctor might want to hold your records, if any outstanding financial matters are unsettled; but, ultimately, you own your medical information. Laws regarding patient records vary from state to state, and the AMA recommends calling your Congressional Representative, your state medical licensing board, or a patient advocacy organization with legal questions and concerns. In New York State, patients are supposed to receive a copy of their records from a hospital or provider within ten business days. The only reason for refusing a request for records is a case in which the provider is able to demonstrate that specific harm to the patient, or to another, will result from such a release. In that case, the patient may appeal to a state agency. The AMA Policy Manual is available on-line at http://www.ama-assn.org, although a knowledge of local regulations may be more helpful.

Alice

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