|
Attorney general says don't refuse
to give patients their records
The Office of Indiana Attorney General has filed charges against an Indiana physician for, among other things, refusing to provide a medical record to a patient because of an existing past-due balance.
The attorney general alleges that such conduct constitutes a violation of the Health Professions Standards of Practice, which requires physicians to “keep abreast of current professional theory or practice.”
The basis for this allegation is part of Indiana law stating: “On written request and reasonable notice,
a provider shall supply to a patient the health records possessed by the provider concerning the patient.”
The case is currently pending before the Medical Licensing Board, but possible disciplinary sanctions could include censure, a letter of reprimand, probation, suspension or a revocation of license and fine up to $1,000 per violation.
“Although we have always suspected the attorney general would view such conduct as a violation, this
is the first time we have seen action revealing the state’s official position,” said Julie Reed, ISMA legal counsel. “The case should serve as a reminder to physicians that – with few exceptions – patients are legally entitled to copies of their medical records.”
An exception would be when the provider reasonably determines that releasing information to a patient would be detrimental to the physical or mental health of that patient or would likely cause the patient to harm himself or another, explained Reed.
Physicians may charge most patients (not those on Medicaid) set amounts for copies of their records. Of course, physicians also can utilize collection procedures to obtain any legitimately owed past-due balance.
If you have further questions, please contact ISMA's Legal Department.
|
