What exactly is the law on requesting medical records?

[Andiamo]

Here is the story.  Dd saw an allergist for 17 years who we loved.  (Allergist #1) I also saw him a couple of times.  About a year ago he left the practice due to another allergist in the practice. (Allergist #2)  He did not go into details, but said that due to this allergist he was leaving and that the third allergist (Allergist #3) in the practice was on her way out also.  Apparently Allergist #2 was treating the other two very badly.  Allergist #1 who we loved ending up retiring due to Obamacare.  We never got around to finding a new allergist, so we continued with Allergist #2.  I had asked Allergist #1 if #2 was okay medically and he said that #2 is brilliant if I can put up with his personality.  We saw #2 a couple of times and there were some big issues.  DD is ana to peanuts, was supposed to get skin tested to tree nuts (negative cap rast and he wanted to challenge if skin test negative).  One of her skin tests turned bright red immediately and it turned out that the nurse had accidentally skin tested her to peanuts.  I was not happy about that, although technically that was not the allergist`s fault.  It was the nurse`s mistake.  There were a couple of other issues, one of which is he is a horrible listener.  You can tell him something about symptoms and five minutes later it is clear he never heard it.  Finally I discovered that there was a significant mistake in dd`s medical record from her visit with him ten months ago.  I called him and asked him to correct the mistake and he refused saying that he does not remember the visit and "What you see is what you get."  In response to that, I wrote him a letter 17 days ago telling him that due to his unwillingness to ensure that the medical records are accurate, dd and I are both leaving the practice and changing to Allergist #3 (who he hates).  I asked in the letter for him to send me my medical records (two or three visits total).  I also had dd sign a letter requesting her complete medical records. (18 years worth of records)  Both letters asked him to send the records to our home address which we put in the letters.

It has been 17 days and the records never arrived.  Dd has an appointment coming up with her new allergist.  She is only home from college for a few more weeks.  I know by law they are required to provide us with a copy of our records.  Is there a time limit?  Does the physician have to provide the records within a certain amount of days or weeks?  Can anyone find me a reference on this?  I am planning to send him a certified letter.  From our three visits with him, I have concluded that he has a huge ego and is somewhat arrogant.  I can see him not sending the records just because he is mad that we are leaving. 

[hedgehog]

I found this. 

http://journal.ahima.org/2012/03/01/how-to-request-your-medical-records/

It dies say 30 days, and that they could get a one-time 30-day extension, but have to provide a reason.

[LinksEtc]

Here is some info ...

Reviewing your (child's) medical records

[LinksEtc]

http://patients.about.com/od/yourmedicalrecords/a/getmedrecords_2.htm

State laws regulate how quickly those records must be supplied to a patient. In some states, you'll be given access to review them in the doctor's office immediately but may have to wait from 10 to 60 days to obtain your own copies. Other states require access within 30 days. Those time frames may sometimes be extended if circumstances warrant.

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Make sure you have made the request in the correct way in writing.  If you suspect shenanigans, keep copies of your request and try to keep most communications with office formal & in writing (keep copies).

[CMdeux]

With all that you've posted, I might also be looking into what it takes to register a complaint in your state.  I hate to say that-- but I have to also say that failure to correct an error in records, and

he is a horrible listener.  You can tell him something about symptoms and five minutes later it is clear he never heard it.


is NOT "medically great."  It's medically bordering on negligence when this is a life-threatening medical condition requiring ongoing management daily.   

The failure to provide medical records in a timely fashion is just the capstone.

Some practitioners/clinics have their own "form" or procedure for getting the records-- but at the very least, they should have communicated to you exactly what IS required, assuming that you've not done that. 

Call the front desk staffers and INSIST on finding out what it will take to get the complete records in hand by Monday or Tuesday afternoon.  Seriously.  If they need to find out and call you back, get a time by which that will happen-- and if they miss that deadline, call them back.  I'd give them about three iterations before you mention that this is quite likely grounds for a complaint.

[Andiamo]

Thank you.  This is exactly what I need.  As far as registering a complaint, in my state they really only look into things like gross negligence---a patient dies or has an adverse event due to failure to diagnose or incorrect treatment.  I don`t think the state is going to do much about an error in the medical records just because I say it is incorrect.  I don`t think they will do much about him being a poor listener either, since it did not cause a bad outcome.

I am going to send him a certified letter.  I don`t want to deal with his office staff over the phone.  They have been a big problem ever since this allergist joined the practice.  Just out of curiousity I went to yelp when I made the decision to leave and there were several complaints about how rude his staff his.  Reviews of the allergist were mixed.