# Can a Dr withhold medical records?



## msmorrison603 (Jun 11, 2010)

I was just wondering if a doctor can legally withhold medical records? There is a doctor that states they will only transfer records to another physician. Is this legal?


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## RebeccaWoodward* (Jun 11, 2010)

You can not refuse the patient a copy per the privacy rule but you can impose a nominal fee for copying.

http://www.hhs.gov/ocr/privacy/hipaa/faq/right_to_access_medical_records/353.html


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## kevbshields (Jun 14, 2010)

Be sure that your state allows you to request a fee for the records.  There are laws allowing patients free access to their medical record information.


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## cyndeew (Jul 26, 2010)

I agree, each state has it's own statute on charging for copies of medical records, which can be accessed here >>http://www.lamblawoffice.com/medical-records-copying-charges.html 

Additionally, I am not aware of any state that allows a provider to withhold medical records because the patient owes the practice money. This is usually addressed in a state's Medical Practice Act or in the Licensure section of a state's statutes.


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## cyndeew (Jul 26, 2010)

rebeccawoodward said:


> You can not refuse the patient a copy per the privacy rule but you can impose a nominal fee for copying.
> 
> http://www.hhs.gov/ocr/privacy/hipaa/faq/right_to_access_medical_records/353.html


 
Just a quick note to keep in mind -- if a provider does not conduct any electronic transactions, they are not subject to HIPAA (Privacy) requirements. But, that also means that if the provider outsources the billing function to a billing company that does do electronic transactions on behalf of the provider, then they ARE conducting electronic transactions for purposes of HIPAA. Believe it or not, there are still doctors and other healthcare providers that do not conduct electronic transactions. Go figure.


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## RebeccaWoodward* (Jul 26, 2010)

thanks


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