LICH not releasing records. Who do I call? Dept of Health?

My child's doctor switched hospitals, and now I have to transfer the medical records so that we can continue going to this doctor at the new location.
I keep calling LICH to get a copy of my records. They are not outright refusing me (because that would be against the law Rolling Eyes

) but they keep saying "sure, just a leave a voicemail on this machine", or "what's your fax number? we'll send you the paperwork you need to sign in order to have the records sent to you".
But NO ONE is calling me back. NO ONE is faxing me the paperwork.
I've been trying for 2 months already.
Who can I call? I want to report them! And I absolutely need my records ASAP in time for my appointments!

Thanks so much!
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Really Awesome Mom!

Gold Member Joined: Oct 26 2008 Posts: 1295

They need to have paperwork to release medical records otherwise it's a violation of HIPAA. They can't do it with a phone call. That being said, they should absolutely have mailed you the request form or told you what to send.

Going down there is a waste b/c they will not copy them for you while you're there. What I would do is write a letter addressed to the hospital, attn: Medical Records. In this letter, state that you are requesting your child's medical records between whichever dates your DC was seen; state which doctor the child saw; child's name, DOB and SSN; request that they be sent to your address and send them a check or money order for $10 to cover the cost of shipping. State that you want the records by a date of your choosing - give them at least two weeks. Then send one copy of this letter certified, return receipt, and one copy regular mail (I'd put the one with the check in the regular mail).

If they still haven't complied, let me know and I will research to whom you should complain.

(In case you can't tell I have subpoenaed medical records for my job more than once Smile

)

Gold Member Joined: Jan 27 2010 Posts: 1463

See if the dr can do it. I had a similar situation once and one dr called the other and the records magically appeared.

Gold Member Joined: Jan 06 2006 Posts: 1189

Platinum Member Joined: Sep 11 2004 Posts: 19241

Yes, get the doctor to do it! When I switched midwives, I got the run around also, until my new midwife made the phone call and they faxed it to her immediately.
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The Chanukah licht transcends all.

Gold Member Joined: Oct 26 2008 Posts: 1295

Maybe overnight them the letter and ask them to fax the records directly to the doctor's new office. I wouldn't be optimistic though Sad

b/c LICH is run by a bunch of monkeys. That's my professional opinion Wink

I still think they will need your release to send the records, even if the doctor calls, I believe legally they can't release your DC's medical records without your sign-off.

Gold Member Joined: Oct 26 2008 Posts: 1295

Thank you all.

Is there a general release form I can find online?

Maybe I can sign it and have it notarized now, and then 1] FedEx it to them with a prepaid return envelope, or 2] bring it to them in person along with a prepaid return envelope?

Trouble is in addition to $30 for transportation, it costs me a whole lot more than that to take off from work for this!

Oh, and I asked the doctor's office for help but they are hospital staffed at the new place too and you know what that means Rolling Eyes

Gold Member Joined: Oct 26 2008 Posts: 1295

Silver Member Joined: Nov 15 2010 Posts: 609

This is my standard go-to response any time I cannot get a response from a doctor/dentist/professional.

"I am trying to get ______(here: my medical records). I have left numerous messages and have not recerived a response. I'm trying to work with you, however, if I do not receive a response within 24 hours I will have no choice but to report you to the Dept of Licensing (Albany)."

I promise it works every time.

Can you help me with the letter please?

I'd like it to be worded properly for the best possible results.

Thanks ladies!

(I don't know the exact time period in terms of exact months - I gave a general time frame.)

Gold Member Joined: Jul 07 2008 Posts: 1614

They can charge you money for each page. I think up to 1.50. They may not release the records till you pay the copying charges. I do agree that you can threaten them with call the department of health. Hatzlcha

Gold Member Joined: Oct 26 2008 Posts: 1295

Gold Member Joined: Jul 02 2010 Posts: 1416

I just had this with a doctor's office. They eventually sent the records, but FYI, they do not fax them - they only mail. So don't make fax the only option, b/c then they can just claim "oh, we don't fax them and there was no alternative!"