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Can a doctor's office withhold your medical records?
Anonymous4 views2 answers
Due to the cost and location of the current doctor we have been seeing we are trying to go to a new one which needs our medical records. However, the current doctor we see is trying to say they will not give us our medical records if we have a balance?
Is that legal and can they do this?
Thanks for any help...
Besides that the reason my boyfriend has a balance is because they are charging more for test than the visit & his insurance won't cover the test, so instead of telling him this first they have been racking up the charges. Also, the reason this is confusing is because I also go their & I have no medical and my visit plus tests each time is $175 but they are trying to charge my boyfriend $30 for his copay and $200 for the same test I take. So if he knew he would of paid cash like me
Your doctor is required to provide you with copies, or at least access to your records, pursuant to RCW 70.02.080. There are a few instances when doctors can deny you access to your records, but they are limited to instances where disclosure of the records can actually hurt the patient. RCW 70.02.090.
The only recourse you have against a recalcitrant medical provider is to file suit (or threaten to file suit). The statute that permits you to do so (RCW 70.02.170) will also allow you to get attorney's fees.
I imagine if you could find an attorney to simply call or write a letter to the medical provider, you could get access to the records without having to sue or pay the balance of the bill. You might even try explaining these laws to the medical provider yourself, and let them know that unpaid balances are not reason for withholding access to medical records under the law. Also let them know that if they persist, you will find an attorney who will sue them for the records.
I agree with the previous response. I also note that many agreements between physicians and insurance companies with which they contract, require them to provide patient insureds with copies of their medical records free of charge. So, your boyfriend may wish to complain to his insurer and ask for their intervention. Finally, if your physician does not provide you with your records you may wish to register a complaint with the Department of Insurance in Washington. It is possible that they have a website in which they accept these types of complaints. Good luck.
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