Anesthesia Coding Alert

Question: One of our patients has a sizable balance and hasn’t responded to requests for payment. They sent a request asking for a copy of their health records. Can I withhold them until they pay for the services we’ve already provided?

Idaho Subscriber

Answer: According to the U.S. Department of Health and Human Services, no, you cannot withhold protected health information (PHI) for that reason.

“A covered entity may charge an individual that has requested a copy of her PHI a reasonable, cost-based fee for the copy. See 45 CFR 164.524(c)(4). However, a covered entity may not withhold or deny an individual access to her PHI on the grounds that the individual has not paid the bill for health care services the covered entity provided to the individual,” HHS says on its website.