My medical records are not being released to me?

[nissim42]

When I turned 18 I got pregnant and my ex bf and I decided I should get an abortion because I really wanted to go to college(which I am doing now) I'm not here to hear about who's against it I just need some advice.
The whole procedure lasted almost 3 hours because of complications (which included me going into shock from not receiving my pain/sedative and waking up during the procedure....which was followed by me flat lining and having to get resuscitated again oh and the doctor wouldn't stop even though my heart rate was going into dangerous levels) anyways, so its been quite a few years(3) and I've been going to college and have had a huge list of odd complications which include me not having my period since the procedure along with pains...I have been trying to find out whats wrong with me but because I'm so poor I couldn't get the right help. Finally I've got health insurance through my family thanks to the new insurance law and I called up the clinic that did the procedure and they promised to get me my medical file by friday that it would be no problem. Well they called me today and the woman I spoke with was questioning me as to why I needed them even though I faxed a NOTARIZED LETTER TO HER STATING THAT IT IS FOR MY PERSONAL RECORDS. So I know what happened to me was totally malpractice and she is now telling me she can't get it to me and it could be months because she has to go digging for them in my file and she kept asking me other information like the date and if I new my patient number when she herself told me yesterday that she new people didn't keep records sometimes and it was no problem as long as she had my D.O.B and name and date and that I got the letter notarized. I am so frustrated with this whole situation I just don't know what to do, what my rights are and just the fact that she even asked me if it was for some "legal matter" even before I got to speak to her and the way she spoke with me her tone (etc) tells me they know what happened its on record. What should I do? Is there anyway to get my records A.S.A.P like in the next few days so they don't do anything to them? I'm afraid they will 'wash' them and try to cover up. Oh yea she also lied to me about the clinic being closed down when they clinic gave me her telephone number to get my records...WTF?!?

Someone please help me. :(

[abraham90]

A few things that you should know about HIPAA-

1) while the law states that they must give the records to you within 30 days, that can be extended if you are given notice as to why the delay. They by no reason must give them to you in a couple of days and in most cases it is unreasonable to ask of them to do.

2) Every doctor, hospital, facility has their own rules. They absolutely have the right to be more strict on the law. Yes they can ask for your name, DOB, and why you want them. On top of that you do have to fill out any form or letter they require and yes a notary is common.

3) Until they have passed that 30 days (or however long they notify you they will be) you legally have very little that you can do other than yell and scream until hopefully some higher up gets sick of it.

While the woman seems rude, she is not doing anything illegal. Take a deep breath and try to talk to her calmly, if she is really that rude ask to her supervisor but I can tell you the more you yell and scream at many of these people the longer it will take.

[fenwick]

The HIPAA law makes it ILLEGAL for them to withhold your medical files from you for any reason.
Tell them that if you don't have your medical file in your hands by a certain date, they'll be talking to your lawyer.
That will straighten them up real fast.
Sometimes you have to sign a form stating that YOU are getting your medical records. However, it is a "release of information" form -- NOT NOTARIZED.
What they are asking for is a legal document saying you won't discuss your records with anyone else. They have NO LEGAL RIGHT to ask for such a document.