TEXAS
MEDICAL RECORDS
Legal Notice - This site is
not associated with the State of Texas , Texas Medical Society , or any
similarly named organization , business , or other entity . It does not offer
legal nor medical advice. It does offer publicly available information about the
laws of Texas and other important information which is useful to the health care
consumer.
PAGE ORGANIZATION- The CLIA
material is at the top (Section A), the HIPAA
stuff follows that,(Section B) and then, there are general
citations of Texas statutes about costs of copying (individual providers have a
different set of rules to follow (Section C) and
different fee guidelines than hospitals), form of a proper request, Occupations
Codes, Medical Practice Act, and TSBME
Rules. There is also an "FAQ" section with
regard to other issues. For those looking for a sample subpoena duces
tecum for Texas:
(Note: These are sample instruments demonstrating the
form of various specific subpoena duces tecum such that the visitor can deduce
common elements to the legal instrument. Obviously, the form and wording would
need to change to be used in a totally different set of circumstances and for a
different function with regard
to items sought by a subpoena duces
tecum.
Affirmative Notice-
The author makes no implied nor stated guarantees concerning
the material
presented on this page. The page author is not an attorney, but has made
a
duly diligent effort to maintain the most recent material available with regard
to the
laws of the State of Texas, as they applied to medical records. HIPAA,
as a federal act,
is also covered on this page by means of links to the
appropriate authorities in this matter. This page both in form and content, is
copyright (c) 2000-2003 by
Dr. John R. Baker ,D.C. All Rights are Reserved.
This site is updated regularly.
September 28,2003- New addition to the
page. It is my belief that TOO MANY physicians in Texas are
afraid, reluctant, or reticent to properly manage significant pain in patients,
and are ignoring the provisions of the Texas Intractable Pain Act of
1989.
If you are a patient, or a physician, and HAVE NOT, properly acquainted yourself with
the
provisions of this act, PLEASE TAKE THE TIME, to
review the intent, and the specific provisions of this law. There is NO REASON for patients to suffer from intractable
pain
needlessly, and if a physician is allowing this, out of fear of the
Texas State Board of Medical Examiners, you should read this law, and if the
Board attempts to curtail your proper usage of pain relievers , you should have
your attorney to bring up this Act, which apparently was born of just such fears
of retaliation by the Board.
Click here for complete
text of the TIPA.
Aviso legal - Este sitio no se asocia al estado del Tejas, la sociedad médica de Tejas, o la ninguna organización semejantemente nombrada, el negocio, o la otra entidad. No ofrece consejo legal ni médico. Ofrece público la información disponible sobre los leyes de Tejas y la otra información importante que es útil al consumidor del cuidado médico .
PAGE CONTENTS: ALTHOUGH MANY VISITORS VISIT
WITH REGARD TO FINDING INFORMATION ON THEIR SPECIFIC STATE AND/OR COUNTRY'S LAWS
REGARDING MEDICAL RECORDS, DUE TO THE AMOUNT OF VARIANCE BETWEEN STATES WITH
REGARD TO STATUTES AND LAWS REGARDING MEDICAL RECORDS, THE PAGE AUTHOR HAS
CHOSEN ONLY TO ADDRESS THE LAWS AND REQUIREMENTS UNDER TEXAS LAW(S). Due to
the interest in HIPAA , we do provide links to information on HIPAA.
We have also included some information on the
provisions of CLIA (which governs medical labs in the United States), but have only done that because we became aware of one company in
Texas, that has been misinterpreting (we believe intentionally) the provisions
of CLIA, with regard to which classes of persons are allowed to request and
receive results of lab testing. If any patient has experienced this kind
of problem with a lab in Texas , NOT releasing your lab results to you , and
using CLIA guidelines as their justification, you, the patient, ARE an
"authorized person" to receive your own results, and I believe you should report
that lab to the Texas Department of Health. With this preface, please move on to
the body of the page. I hope the information herein has been helpful. Have a
good day. -Page Author
Definition :
Subpoena duces tecum : (suh-pea-nah dooh-chess-take-uhm or
dooh-kess-take-uhm): a court order requiring a witness to bring documents in the
possession or under the control of the witness to a certain place at a certain
time. This subpoena must be served personally on the person subpoenaed. It is
the common way to obtain potentially useful evidence, such as documents and
business records, in the possession of a third party. A subpoena duces tecum
must specify the documents or types of documents (e.g. "profit and loss
statements of ABC Corporation for years 1987 through 1995, all correspondence in
regard to the contract between ABC Corporation and Merritt") or it will be
subject to an objection that the request is "too broad and burdensome." To
obtain documents from the opposing party, a "Request for Production of
Documents" is more commonly used. Failure to respond to a subpoena duces tecum
may subject the party served with the subpoena to punishment for contempt of
court for disobeying a court order.
A sample used for taxes is found at : http://www.window.state.tx.us/taxinfo/taxforms/50-219.pdf
and here is a witness subpoena duces tecum :
ATTORNEY GENERAL
LETTER OF THANKS TO AUTHOR OF THIS PAGE FOR CORRECTING THEM ON THEIR OUTDATED
INFORMATION ON MEDICAL BOARD RULES
SECTION A
A medical
lab here in Texas has chosen to misinterpret provisions of the legislation
known as "CLIA" (Clinical Laboratory Improvement Act) of 1988. This
is a company called "Clinical Pathology Laboratories,
Inc" which is located in Austin Texas. Although there seems to
be several problems with this company not adhering to proper guidelines with
regard to billing (a complaint has been filed with the Texas Department of
Health about this), that is not apropos of this page. A direct
request for release of a lab report was made by a patient, and they refused to
release said report to the patient who was the subject of the lab report, and
they inappropriately, cited CLIA guidelines. For anyone who tries to get
medical records directly from a medical lab, here's the scoop. Contrary to
anyone using CLIA to deny access to a patient about whom these records are
created, CLIA was NOT created to prevent the patient from getting
copies of their records. The fact was that in 1988, it
was determined that there was such poor quality assurance with medical labs, and
there was such a lack of established standards, that CLIA was established to try
to bring some uniformity and conformity to this woefully unregulated
industry.
The following is the kind of language that CPL used :
" I must inform you that we are unable to
fulfill this request in accordance
with CLIA '88, subpart 493,1109 Standard,
Test Report part e, which states:
"The results or transcriptions of
laboratory tests or examinations must be
released only to the authorized
persons or the individual responsible for
utilizing the test results-" In
addition, subpart 493,1111 Standard Referral
of Specimens, part b which
states: "The referring laboratory may permit each testing
laboratory to send
the test results directly to the authorized person who initially
requested
the test." "
The point is that CPL and its representatives are
either so stupid that they
do not understand certain basic tenets of Texas
laws regarding medical records, and they also do not understand the wording and
intent of CLIA, or they are intentionally misinterpreting the Act. I believe the
latter is the case. The FACT is that CLIA uses the term "authorized person" and
"authorized persons" without providing any special definition of the terms
beyond the following:
"Authorized person":
"means
an individual authorized under State law to order tests or receive test results,
or both."
http://www.vh.org/adult/provider/pathology/CLIA/LabGuidelines/A02Definitions.html
In
Texas, in HIPAA, and just about in every jurisdiction in the United States, if
there is one party who is , authorized to view medical records, it is the person
about whom these records were created, i.e. "the patient". In Texas, the patient
has the right to request release of medical records from physicians, other
health care professionals, hospitals, and other persons maintaining medical
records of a provider status. The Rules of the Texas Board of Medical Examiners,
the Occupations Codes, the Health and Safety Codes, the Medical Practice Act,
and the Chiropractic Act, ALL spell out the patient as being an authorized
person. Thus, it seems that Clinical Pathology Laboratories, Inc. is
operating in a very bizarre fashion with regard to its billing procedures,
but they
are intentionally trying to misinterpret CLIA. For those
wanting more information
on the provisions of CLIA, please follow the
following link :
http://www.vh.org/adult/provider/pathology/CLIA/LabGuideIndex.html
(interpretive guidelines)
http://www.vh.org/adult/provider/pathology/CLIA/SearchCLIA.html
(search page)
You may also contact the people involved in the government with CLIA at the following link :
HIPAA-
regarding release of private, individually
identifiable,protected health information :
http://www.hhs.gov/news/facts/privacy.html
"Limits on Use of Personal Medical Information. The
privacy rule sets limits on how health plans and covered providers may use
individually identifiable health information. To promote the best quality care
for patients, the rule does not restrict the ability of doctors, nurses and
other providers to share information needed to treat their patients. In other
situations, though, personal health information generally may not be used for
purposes not related to health care, and covered entities may use or share only
the minimum amount of protected information needed for a particular purpose.
In addition, patients would have to sign a specific authorization before a
covered entity could release their medical information to a life insurer, a
bank, a marketing firm or another outside business for purposes not related to
their health care."
(Emphasis added by page author. Please see the
misrepresentation made by a hospital in Texas, and the fact that they are NOT
following the HIPAA guidelines.)
Firstly, some
HIPAA resource links:
http://www.hipaadvisory.com/regs/
MEDICAL PRIVACY
http://www.hhs.gov/ocr/hipaa/finalreg.html
MORE RELEASE INFO
http://www.spcbtx.org/forms/Consumer/medrelease.pdf
HIPPA-
Before getting into the
links to HIPAA info, there are
some issues that I, as the page author, and as
a health care provider,
have become concerned about, and which I believe YOU,
as someone
interested in these matters, may be concerned about as well. After
April 14, 2003, I happened to come into possession of the HIPAA advisory
paperwork being used by a hospital in Texas. The wording of this document
(presented to patients) goes into stressing that the medical records, are the
"property" of the hospital, and that among other things, that your health
information may be used by the hospital to contact you for "fundraising
efforts". The document also indicated that there may be instances in which the
patient will be denied a copy of their medical records. This is a large hospital
in Austin Texas. Now, for my concerns. HIPAA presents itself as an Act that
stresses patient privacy, and there is no indication that the intent was to deny
access to patient records to the patient about which the records were created
and maintained. Furthermore, it seems to this reviewer to be an outrageous and
obscene provision that there may be an event in which a patient would legally
request copies of their own medical / health records, and would be denied, but
that very same information would be used to contact that person to try to
solicit money not owed to that hospital, "fundraising" money!
By the way,
this interpretation of HIPAA allowing use of your records for these "fundraising
efforts" can be found at : http://hutchison.senate.gov/Health3.pdf
or
http://216.239.37.100/search?q=cache:NwNOSGkmV1sC:hutchison.senate.gov/Health3.pdf+fundraising,HIPAA,CRS&hl=en&ie=UTF-8
"Does The Rule
Permit Marketing And Fundraising By Covered Entities?
Yes, covered
entities may use or disclose a patient's health information to prescribe
,recommend,
or sell their own products and services, or the products and
services of others, as part of the treatment of that individual. They must
identify themselves when making a marketing appeal and give patients the
opportunity to opt out of receiving any further communications. Covered
entities are also permitted to disclose certain patient information to a
foundation or business associate that contacts patients for fundraising
purposes, provided the patients are given the opportunity to opt out of any
further
communications [bold format added by this author].
"
This bothers me. Anytime, in federal or state provisions, in
which I see that there are
provisions to prevent YOU, as a patient, from
seeing what is compiled about or written concerning you, is problematic and
should be viewed with close scrutiny.
In Texas laws about medical records, there are provisions
which allows providers to avoid releasing all records, or parts thereof, if it
is believed that such release will harm the patient. I think this is an abusive
provision which can be used in a very underhanded way to deny access. It also
provides that the provider, as an alternative to releasing copies of said
records, can "summarize". This is even more problematic, because it leaves the
provider able to edit what he or she wants you as the patient to see. For
example, let's say the doctor wrong in the chart notes
" This patient
smells horribly, is a total jerk, and is a hypochondriac.
They are a total
waste of my time."
With this ability to "summarize", they can leave all of that out. Do these comments indicate something about the seriousness (or lack thereof) with which you were treated? YES! Should you be able to see such comments in your records? YES!
I personally think that we need to amend both federal and
state acts and laws which allow for these abuses by providers and maintainers of
records. If you are in Texas and want to find links to the appropriate person to
contact, here are a few :
Texas Legislature Online -
Find Your Incumbent
Find Your Incumbent - By
Address
You may write to your legislators at the following addresses:
The Honorable (insert name of
Senator)
Texas Senate
P.O. Box 12068
Austin, Texas 78711
The Honorable (insert name of
Representative)
Texas House of Representatives
P.O. Box 2910
Austin,
Texas 78768-2910
Also: A good link in Texas : http://www.tslb.com/politic.htm
For your congresspersons in Washington, please
check these links :
http://www.eff.org/congress/
http://www.visi.com/juan/congress/
http://splnet.spokpl.lib.wa.us/gov/state/govcon.html
http://www.ussenate.com/ (Senate)
http://www.house.gov/writerep/ (Write
your Representative)
Are these measures things
that are set in stone and cannot be modified or changed?
NO. If it has
wrongheaded provisions and implementations, then it needs to be changed
to be
more patient friendly.
For the text
of HIPAA...click here (opens in new page)
HIPAA - HIPAA seems to be the buzzword nowadays. One link
for more information is:
http://telehealth.hrsa.gov/pubs/hipaa.htm#issue
Another good link (updated on April 14, 2003) is
http://www.hhs.gov/ocr/hipaa/
From this site, we have these links:
" Protecting the Privacy of
Patients' Health Information
4-page general Fact Sheet describing
patients' rights and the responsibilities of
health plans, doctors and other
covered entities - April 14, 2003
View Health Information Privacy Frequently Asked Questions (FAQs)
What's New - Updated April
15, 2003 with the Interim final rule: Civil Money Penalties:
Procedures for Investigations, Imposition of Penalties, and Hearings.
Unofficial Version - The Office of the Federal Register publishes the
official version of all federal regulations
Privacy Guidance about Authorizations for Research and Institutional Review Boards "
Privacy issues
covered in HIPAA
http://telehealth.hrsa.gov/pubs/privac.htm
A new and useful website available
from Public Citizen is :
http://www.questionabledoctors.org/
New - Texas State Board of Medical Examiners Rule 173.1, mandates the establishment of physician profiles with a wealth of information. The search page is located at http://204.65.101.19/ProfileOnLine/Phys_SearchPage.asp
If you look up your doctor,
you
will probably not find him or her there.
State of
Texas Request for Records
In Texas, there are three essentials on a written,
signed, request for records, for the patient requesting copies of their own
records.
The written request must contain the following essential elements :
(A) the information or medical records to be covered by the release;
(B) the reasons or purposes for the release; and
(C) the person to whom the information is to be released,
Thus, to construct a good
request for records in Texas, you should include the following,
even if it is
a request for your own records.
1) The "three questions" cited above need to
be answer.
2) It must be in writing.
3) The name, address, date of birth,
and social security number of the patient
should be on the form.
4) Some
places are sticklers about an idiotic inclusions of the following phrase
"I
understand I have the write to revoke this authorization at any
time."
And, just to make the HIPAA idiots happy, you should request
all
"protected health information and records", as well as all "individually
identifiable
health information and records for the patient named and
identified."
I say that is rather retarded because, if the patient is doing
the authorization, and
directs that copies of the records be delivered to
the patient, it is nonsensical to
say that you would revoke delivery of
copies of records to yourself, unless you
are a sufferer of multiple
personality disorder and the right hand doesn't know
what the left hand is
doing.
With regard to such matters as
copying of medical records, fees for copying records, etc. , please refer to the
TSBME Rule
165 -
ESPANOL -PARA UN PAGINA DE TEXAS STATE BOARD OF MEDICAL EXAMINERS DE RULE 165, aqui
CHIROPRACTIC- The Chiropractic Board on its website gives guidelines on a
doctor's responsibility regarding medical records.
Please view these at : http://www.tbce.state.tx.us/enforce.html
They
site the following :
"What is a "reasonable" charge for chiropractic
records?
22TAC§ 80.3 (e), (4)A
reasonable fee for paper copies is
not to exceed: (a)$30 for
retrieval of records and
processing
the request, including
copies for the first 10 pages;
(b)$1.00 per page for pages 11-60; (c)$.50 per page
for
pages 61-400; and (d)$.25 per
page for pages over 400;
(5)A
reasonable fee for copies of films or other static
diagnostic imaging studies shall
be a charge not to exceed
$45 for retrieval and processing ,including copies for the
first 10 pages, and $1.00 for
each additional page over 10.
(6)Reasonable fees may also include actual costs for
mailing,
shipping or
delivery."
Also, from the Chiro Board:
"How long
must I retain the records of my patients?
22TAC§ 80.5: an
adequate record for each patient
shall be maintained for a minimum of seven
years from
the anniversary date of the last treatment."
UPDATE- 3-28-2002
A serious danger to your freedoms and
privacy is looming. Bush is trying to decrease the confidentiality of your
medical
records (what do you expect from someone, who while governor of Texas
said "There ought to be limits to freedom."
In the Washington Post, there is an article
on this:
http://www.washingtonpost.com/ac2/wp-dyn/A158-2002Mar21?language=printer
The Bush administration yesterday proposed changing some of the federal rules designed to protect the confidentiality of Americans' medical records, including the ability of patients to decide in advance who should be able to use their personal health information.
The proposal would alter a federal safeguard, adopted by the Clinton administration, that compels patients to give written permission before their records may be disclosed to doctors, hospitals, pharmacies and insurance companies. The new version would erase that requirement and, instead, say that patients must at some point be notified of their privacy rights by those who use their records.
In other changes that would loosen privacy rules, the administration wants to enable more parents to find out what medical services their teenagers seek and make it easier for researchers to gain access to patients' records. In addition, business associates of various health care providers would be given more time before they have to follow the confidentiality rules."
For a laugh, and to show the craziness of
the situation, check out this link :
http://www.seniors.gov/articles/0401/patient-privacy-rule.htm
And then, look at this site:
http://www.haciendapub.com/faria1.html
Regarding copying fees for medical
records, there is a standard for physicians established
by the Texas State
Board of Medical Examiners and sets definite limits for costs, plus a
time
period of 15 business days within which records must be provided (if they have
already
been paid for). This is promulgated and provided for under the
Occupations Code (i.e.
that the TSBME set the "reasonable fee"
standard). If you encounter
doctors who are breaking
these laws and either overcharging or not getting
your records to you within this time frame, you should
contact the Texas
State Board of Medical Examienrs and advise them of the violations by this
doctor.
Their website is located at : http://www.tsbme.state.tx.us/. Their complaint page is located
at:
http://www.tsbme.state.tx.us/complain/complain.htm
Hospitals have
different rules. For a great outline on this in Adobe PDF format, please check
out :
http://www.texhealthlaw.org/Public/archive/f6txlegclr.pdf
A complete set of
the rules set by the Texas State Board of Medical Examiners appears at :
http://www.tsbme.state.tx.us/rules/rules/165.htm
Basically,
physicians can charge UP TO $25.00 for copying of medical records, and
an
additional fee of UP TO fifteen dollars for executing an affidavit. If you
pay them, they
are mandated to provide the requested records to you within 15
business days, after
the initial request. That's according to the TSBME
Rules, Chapter 165.2.
The rules for hospitals, are more complex and weird.
" The new law also permits a hospital to charge
a reasonable fee for providing health care
information. Unless there is a
medical emergency, a hospital is not required to permit examination
or
copying until the fee is paid. What constitutes a reasonable fee is now set
forth in the statute.
Thus, hospitals are now bound by the following fee
structure:
• a retrieval or processing fee, which must include the fee for
providing the first 10 pages
of the copies and which may not exceed $30;
and
• a charge for each additional page of:
• $1 for the 11th through the
60th page of the provided copies;
• 50 cents for the 61st through the 400th
page of the provided copies;
• 25 cents for any remaining pages of the
provided copies; and
• the actual cost of mailing, shipping, or otherwise
delivering the provided copies.
If the requested records are stored on
microfiche, a hospital may change a retrieval or
processing fee, which must
also include the fee for providing the first 10 pages of the copies and
which
may not exceed $45. A hospital may thereafter charge $1 per page for the
reproduction of
microfiche records and the actual cost of mailing, shipping,
or otherwise delivering the provided
copies. Ironically, the
statutorily-established "reasonable" fee schedule is apparently the
highest
copying fee schedule in the United States. Effective September 1,
1996, and annually thereafter,
these fees may be adjusted in accordance with
the most recent changes to the consumer price
index as published by the
Bureau of Labor Statistics of the United States Department of Labor.
"
If
you don't think your privacy of medical records is being threatened , please
check this out :
"
Privacy is vital in the health care context because
trust is a fundamental component of the doctor-patient relationship. Since
medical records contain particularly sensitive and intimate information,
patients are susceptible to humiliation and discrimination in the event
information from their medical records is improperly disclosed. The horror
stories are well known, but a few bear repeating:
from http://www.aclu.org/congress/lg042799a.html
( Testimony of
RONALD WEICH -Partner - Zuckerman, Spaeder, Goldstein, Taylor & Kolker,
L.L.P.
Legislative Consultant to the American Civil Liberties Union. ON
BEHALF OF THE AMERICAN CIVIL LIBERTIES UNION -Before the Senate Committee on
Health, Education, Labor, and Pensions
on "Medical Records Confidentiality In
a Changing Health Care Environment"
Sometimes, even nice grandma's
have to shield
their medical records from doctor's who won't let them
have their records, but let everyone else have them !
YOU HAVE A
RIGHT TO MEDICAL
RECORDS BEING MAINTAINED
ABOUT YOU AND
TO PROTECT THOSE RECORDS FROM BEING
ACCESSED BY OTHERS WHO HAVE
NO RIGHT TO THEM !
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minds by entering this page and allowing the page to load fully .
 |
Note- This site is for dissemination of information regarding rights of patients to access their medical records from providers. The author is not an attorney and is not offering this as legal advice on what the person should or should not do, but is offering the information to patients who need documentation on what their rights are. | |
This page is copyright (c)
2000 Dr. John R. Baker , D.C. All Rights Reserved
| Are you having problems getting your OWN
medical records after delivering a valid request for release of records /
signing an authorization for release of records? The Texas Occupations
Code and Medical Practice Act are very clear that a patient has a right to
copies of their own records. Failure to comply with your requests as that
patient should be complained about and reported. Places to report the offending doctor or doctors in Texas include: mailto:investigations@tsbme.state.tx.use tcms@tcms.com http://www.bbb.org/bbbcomplaints/Welcome.asp (Better Business Bureau) greg.abbott@oag.state.tx.us (Attorney General)
Representative
Lloyd Doggett (D) |
||
|
Issues : 1. Question- Is it legal for a
patient to request for all medical records to be provided to them from their primary care provider ? Answer - Affirmative, Authority-Texas Law, Medical Practice Act (listed below and to the right on this page) . 2. Question- If a patient has a
complaint against a provider, and the complaint has merit and based on fact, and all statements are fact, is it legal to post it on a web page? Answer- Affirmative, authority is the Bill of Rights- Right of Free Speech 3. Question- Is it legal for a
primary care doctor (or their custodian of records ) to selectively withhold copies of all records from other providers, when they receive a legitimate , signed, authorization / request for release of ALL patient records in a file, to the patient, after the patient has paid the set fee for copying, without an explanation ? Answer- Negative , Authority - this violates the Medical Practice Act of Texas and is a violation of State Law . 4. Question - Is it legal for
the Medical Board to whitewash and wrongfully exculpate without good cause, ANY doctor charged with wrongdoing ? Answer- Negative. Authority - That part of Texas Law which governs and mandates the duties of the Texas Board of Medical Examiners. 5. Question - I have a concern
about the fact that I am in a lawsuit , in which the other side's attorneys are going after ALL my medical records which have nothing to do with my injuries. How can I protect my records ? Answer - Due to the fact that apparently some doctors are not following the law on medical records, they may just send out your records without your written authorized consent. One way to address the issue is to think about using the medical directive instrument which you can find at this link. 6. Question - I have a concern
about something that happened to me after a medical procedure / prescription and the doctor is ignoring me . Where can I find out more information about the terms "iatrogenic" and "nosocomial"? Answer - You should NEVER have serious health care changes ignored by your physician , especially if these may be secondary to , or related to their actions or the actions of other physicians. Good resources of additional information are listed below .
source of information and place to report iatrogenic events - IATROGENIC.ORG
The point here is that some
doctor's offices are giving up ALL your personal |
The 21 May 2000 Amendment reads: "165.2. Medical
Record Release and Charges. (b) The requested copies of medical records or a summary or narrative of the records shall be furnished by the physician within 15 days after the date of the request and reasonable fees for furnishing the information shall be paid by the patient or someone on behalf of the patient. (d) For purposes of this section, "medical records" shall include those records as defined in '165.1(a) of this title (relating to Medical Records) and shall include copies of medical records of other health care practitioners contained in the records of the physician to whom a request for release of records has been made." The following is a transcription of
the first 10 amendments to the United States Constitution. Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII
Amendment IX
Amendment X
|
If you request your medical
records in writing and pay what the provider charges you, you have a right to
records from all providers who may have sent reports to that doctor if those
reports were received by that doctors office here in Texas. The clock starts
running when your written request is delivered to the providers office. The law
is as follows :
http://www.iatrogenic.org/ , a site I
HIGHLY recommend !
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1997- Sec. 5.08. (material from the beginning of section 5.08 through "j" omitted due to relevancy and to keep page size down. Readers may access the full version, here (k) A physician shall furnish copies of medical records
requested, or a summary or narrative of the records, including records
received from a physician or other health care provider involved in the
care or treatment of the patient, pursuant to a written consent for
release of the information as provided by Subsection (j) of this
section, except if the physician determines that access to the
information would be harmful to the physical, mental, or emotional health
of the patient, and the physician may delete confidential information
about another patient or family member of the patient who has not
consented to the release. The information shall be furnished by the
physician within 30 days after the date of receipt of the request. If the
physician denies the request, in whole or in part, the physician shall
furnish the patient a written statement, signed and dated, stating the
reason for the denial. A copy of the statement denying the request shall
be placed in the patient's medical records. |
The 21 May 2000 Amendment reads asfollows : "165.2. Medical
Record Release and Charges. (b) The requested copies of medical records or a summary or narrative of the records shall be furnished by the physician within 15 days after the date of the request and reasonable fees for furnishing the information shall be paid by the patient or someone on behalf of the patient. (d) For purposes of this section, "medical records" shall include those records as defined in '165.1(a) of this title (relating to Medical Records) and shall include copies of medical records of other health care practitioners contained in the records of the physician to whom a request for release of records has been made." Places
to complain to when you find that your rights have been violated by a
doctor here in Texas :
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Email
Issue One