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What do you do if a doctor or other healthcare provider refuses to produce copies of medical records? The answer depends on whether you represent the patient or if you represent an adverse party. If you represent the patient, you are entitled to copies of the patient’s records, provided that you cover the costs of copying the records. Health & Safety Code §123110(b) provides that “any patient or patient’s representative shall be entitled to copies of all or any portion of the patient records that he or she has a right to inspect, upon presenting a written request to the health care provider specifying the records to be copied, together with a fee to defray the cost of copying, that shall not exceed twenty-five cents ($0.25) per page or fifty cents ($0.50) per page for records that are copied from microfilm and any additional reasonable clerical costs incurred in making the records available. The health care provider shall ensure that the copies are transmitted within 15 days after receiving the written request.” Health & Safety Code §123110(b). While working on the plaintiff side, I recall two situations where the provider’s office dragged their feet, prompting further action. In one case, the doctor we contacted no longer had an active practice and did not list a working telephone number. The only address listed for the doctor was the address we sent our requests to. This utter lack of resources left us with no reasonable alternative but to seek assistance from the Medical Board of California. The Medical Board of California is a very good resource when looking to get the attention of a non-responsive healthcare provider. However, it is always good practice to make multiple good faith attempts to contact a professional before getting his or her licensing agency involved. This means taking the time to call and sending correspondence via facsimile, mail and registered mail. This way, you cover all your bases, in the event that an ineffective receptionist or assistant is the cause of the breakdown in communication. However, if the provider is still incommunicado, follow this link to the appropriate complaint form http://www.mbc.ca.gov/Forms/07i-61.pdf and check the box “Office Practice (e.g., Failure to Provide Medical Records to Patient, Failure to Sign Death Certificate, Patient Abandonment)” under the section that says “Nature of Complaint.” Complete the remainder of the form and send via certified mail or other mode of trackable mail. Three weeks after filing the complaint regarding the missing doctor, the doctor called and sent all the records via FedEx on his own dime. The case involved a neurologist with a very busy practice. After a couple of failed attempts by our secretaries, I took the reigns and began to call her office myself. I called numerous times and recorded the names of each office clerk I left a message with. I drafted a letter addressed to the doctor explaining that we needed the requested records forthwith, that I called a dozen times, and that we will report her to the Medical Board if she continues to ignore us. I faxed the letter and sent copies via regular and certified U.S. Mail. Unfortunately, she continued to ignore us, and a complaint with the Medical Board followed. Two weeks later, the doctor’s office faxed the requested records six separate times (either to waste our paper or to make sure we got them). Since the Medical Board obviously has teeth, again, in the spirit of courtesy, please try to contact the healthcare professional yourself before resorting to a formal complaint. But what do you do if you represent a defendant and a doctor refuses to comply with a subpoena? If you believe that plaintiff’s attorney and/or the plaintiff (i.e. the “consumer”) is more likely to throw the proverbial wrench into the gears of discovery, you are correct. However, this is not always the case. One quiet afternoon in May 2016, my secretary walked in to drop off a stack of mail. As she made her way to my inbox, I could not help but notice her trying to keep a straight face and hide her big, wry smile. This was not an ordinary stack of mail; she had a surprise and was going to get a kick out of my animated reaction. When we finally made eye contact, she smiled and immediately spilled the beans. “A doctor is objecting to your subpoena.” Wait, a doctor? Not the attorney? The news was disappointing as I was ready for a spirited argument (with anyone… about anything), but I could not, with a good conscience, get into a verbal jousting match with a doctor that did not know the law. Particularly since his heart seemed to be in the right place. He was kind enough to sign and fax the SUBP-025 Notice to Consumer form including a handwritten note stating “my patient’s records are confidential and production of these records without the patient’s authorization violates HIPAA.” The doctor is incorrect on two separate and distinct issues, i.e. confidentiality and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Each issue is separated as follows: Compliance with the subpoena does not violate physician/patient confidentiality. Evidence Code §996 expressly provides that there is no privilege with respect to doctor- patient communications when a patient has placed his/her condition at issue. “There is no privilege… as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by… the patient.” Ev. Code §996(a). “The whole purpose of the privilege is to preclude the humiliation of the patient that might follow disclosure of his ailments. When the patient himself discloses those ailments by bringing an action in which they are in issue, there is no longer any reason for the privilege. The patient-litigant exception precludes one who has placed in issue his physical condition from invoking the privilege on the ground that disclosure of his condition would cause him humiliation. He cannot have his cake and eat it too.” City and County of San Francisco v. The Superior Court of the City and County of San Francisco (1951) 37 Cal 2d 227, 232. The Plaintiff in our case claims that the subject incident caused serious injuries to her cervical and lumbar spine. She also claims persistent pain to her right eye and headaches.<br><br>https://mattermark.com/companies/sandorcarrasco.com<br>http://www.zoominfo.com/p/Sandor-Carrasco/-2053143601<br>https://www.lawyer.com/sandor-carrasco.html<br>https://www.allcaliforniaattorneys.com/attorney/266537/sandor-kenneth-carrasco<br>https://medium.com/@SandorCarrascoAttorney
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What do you do if a doctoror other healthcare provider refuses to produce copies of medical records? Sandor Carrasco–Attorneyat Law http://sandorcarrascolaw.com/
What do you do if a doctoror other healthcare provider refuses to produce copies of medical records? The answer depends on whether you represent the patient or if you represent an adverse party. If you represent the patient, you are entitled to copies of the patient’s records, provided that you cover the costs of copying the records. Health & Safety Code §123110(b) provides that “any patient or patient’s representative shall be entitled to copies of all or any portion of the patient records that he or she has a right to inspect, upon presenting a written request to the health care provider specifying the records to be copied, together with a fee to defray the cost of copying, that shall not exceed twenty-five cents ($0.25) per page or fifty cents ($0.50) per page for records that are copied from microfilm and any additional reasonable clerical costs incurred in making the records available. The health care provider shall ensure that the copies are transmitted within 15 days after receiving the written request.” Health & Safety Code §123110(b). While working on the plaintiff side, I recall two situations where the provider’s office dragged their feet, prompting further action. In one case, the doctor we contacted no longer had an active practice and did not list a working telephone number. The only address listed for the doctor was the address we sent our requests to. This utter lack of resources left us with no reasonable alternative but to seek assistance from the Medical Board of California. The Medical Board of California is a very good resource when looking to get the attention of a non-responsive healthcare provider. However, it is always good practice to make multiple good faith attempts to contact a professional before getting his or her licensing agency involved. This means taking the time to call and sending correspondence via facsimile, mail and registered mail. This way, you cover all your bases, in the event that an ineffective receptionist or assistant is the cause of the breakdown in communication. However, if the provider is still incommunicado, follow this link to the appropriate complaint form http://www.mbc.ca.gov/Forms/07i-61.pdfand check the box “Office Practice (e.g., Failure to Provide Medical Records to Patient, Failure to Sign Death Certificate, Patient Abandonment)” under the section that says “Nature of Complaint.” Complete the remainder of the form and send via certified mailor other mode of trackablemail. Three weeks after filing the complaint regarding the missing doctor, the doctor called and sent all the records via FedEx on his own dime. The case involved a neurologist with a very busy practice. After a couple of failed attempts by our secretaries, I took the reigns and began to call her office myself. I called numerous times and recorded the names of each office clerk I left a message with. I drafted a letter addressed to the doctor explaining that we needed the requested records forthwith, that I called a dozen times, and that we will report her to the Medical Board if she continues to ignore us. I faxed the letter and sent copies via regular and certified U.S. Mail. Unfortunately, she continued to ignore us, and a complaint with the Medical Board followed. Two weeks later, thedoctor’s office faxed the requested records six separate times (either to waste our paper or to make sure we got them). Since the Medical Board obviously has teeth, again, in the spirit of courtesy, please try to contact the healthcare professional yourself before resorting to a formal complaint. But what do you do if you represent a defendant and a doctor refuses to comply with a subpoena?If you believe that plaintiff’s attorney and/or the plaintiff (i.e. the “consumer”) is more likely to throw the proverbial wrench into the gears of discovery, you are correct. However, this is not always the case. One quiet afternoon in May 2016, my secretary walked in to drop off a stack of mail. As she made her way to my inbox, I could not help but notice her trying to keep a straight face and hide her big, wry smile. This was not an ordinary stack of mail; she had a surprise and was going to get a kick out of my animated reaction. When wefinally made eye contact, she smiled and immediately spilled the beans. “A doctor is objecting to your subpoena.” Wait, a doctor?Not the attorney? The news was disappointing as I was ready for a spirited argument (with anyone… about anything), but I could not, with a good conscience, get into a verbal jousting match with a doctor that did not know the law. Particularly since his heart seemed to be in the right place. He was kind enough to sign and fax the SUBP-025 Notice to Consumer form including a handwritten note stating “my patient’s records are confidential and production of these records without the patient’s authorization violates HIPAA.” The doctor is incorrect on two separate and distinct issues, i.e. confidentiality and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Each issue is separated as follows: Compliance with the subpoena does not violate physician/patient confidentiality. Evidence Code §996 expressly provides that there is no privilege with respect to doctor- patient communications when a patient has placed his/her condition at issue. “There is no privilege… as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by… the patient.” Ev. Code §996(a). “The whole purpose of the privilege is to preclude the humiliation of the patient that might follow disclosure of his ailments. When the patient himself discloses those ailments by bringing an action in which they are in issue, there is no longer any reason for the privilege. The patient-litigant exception precludes one who has placed in issue his physical condition from invoking the privilege on the ground that disclosure of his condition would cause him humiliation. He cannot have his cake and eat it too.” City and County of San Francisco v. The Superior Court of the City and County of San Francisco (1951) 37 Cal 2d 227, 232. The Plaintiff in our case claims that the subject incident caused serious injuries to her cervical and lumbar spine. She also claims persistent pain to her right eye and headaches.
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