Medical files- COMPLETELY NON FISHING!!!!!!

[Headhunter]

Hey folks!

Well, our family doctor of the last 10 years has decided to quit family practice and take a position with the Ministry of Health. This doctor was the one who brought both of my children into the world and has been wonderful, until now, to me and my family.

As a result of her business decision, we are now out a family doctor. But the real problem for us, has to do with our medical files. My family's files have been "transfered", without our permission, to another doctor. This doctor will be taking over our files. Unfortunately, this doctor is a three day drive and a boat ride away from our home. (Ok, slight exageration here!) In the mean time, we have secured a famliy doctor, much more local to our residence. The new doctor has requested our files be transfered to her.

I connected with the doctor's office, the one who has our files and they have told me, that in order to transfer OUR files to our new doctor, we will have to pay a fee for copying. Ok, I think, I guess that sounds reasonable, but here's the kicker:

The charges....

-for each file, they are legally allowed to charge $37.50. They are then allowed to charge me $1.45 PER PAGE in the file.

-we are a famliy of four. My best estimate for the four of us will put us in front of a bill totalling close to $500.00. This is not a cost that I am able to easily absorb.

I have to date, connected with the following:

-Ministry of Health - they tell me doctors are legally allowed to charge for this

-College of physicans - they say the ministry allows for these charges

-my MPP- they tell me the Ministry allows for these charges

-Privacy Commission - they say that I might have a case, but likely not (as my files were moved without my consent)

So, what I am asking here is for any and all advice from this fine community... have any of you been through this before? Any suggestions that I have not considered.

I really appreciate your consideration in this matter. I am open to any and all suggestions.

Appreciate your time!

HH

[Marko]

I don't understand where all these charges are coming from???

All they would have to do is fax your files from this doctor to whatever office you wanted them to.

Government tries to rip you off wherever possibly they can...good Lord!

[Joey]

Go to the new doctor where the files were transferred, steal them, then take them to the doctor you like

 

Sorry, had to throw that in there. Looks like they have you over a barrel and it's absolutely not right.

 

Why not just start fresh with the doctor of your choosing. You can pretty much give him the important file details. Just a suggestion, not the one you want to hear I'll bet tho.

 

Joey

[ketchenany]

HH, my doctor did the same thing to me many years back, He wanted to charge me to give me my files or a summery letter. I had no serious problems so I told him to keep them!

 

I found a doctor close to home, I showed the med I was taking and any problems that I had (nose bleed) – he did a complete blood work analysis and that was it.

[solopaddler]

Sounds to me as though the price to transfer files is pretty arbitrary.

 

When we moved recently our old doctor charged a total of $50 to have all of our files transferred (family of 4).

 

I can't offer any suggestions but you're definitely getting ripped off.

[Slop]

Was your orginal physician charged any fees to send your files to the new physician. If not, why are they charging to send them to another physician?

Edited August 23, 2010 by Slop

[Roy]

Your medical files are private and confidential documents. Your original doctor or his/her office staff have the moral (if not legal) obligation to attempt to contact you requesting your permission to release these files to someone else. But then, you're dealing with the government here Joe where the law and morality are just an option.

 

ps. Good point, Slop.

[solopaddler]

HH, my doctor did the same thing to me many years back, He wanted to charge me to give me my files or a summery letter. I had no serious problems so I told him to keep them!

 

I found a doctor close to home, I showed the med I was taking and any problems that I had (nose bleed) – he did a complete blood work analysis and that was it.

 

 

That was my initial gut reaction as well.

 

Screw the files, tell them to keep them. You're not legally obligated to provide a medical history when a new doc takes you on.

[Chance]

I went through a similar situation a few years back.When I asked for my files my old doctor told me while I was the subject the files were his.Notes he had made concerning myself as the subject.I told my new doctor and he said once he requests them there will be no charge.End of story ,no charges and I never heard from the first doctor again.

I believe the problem lies with ownership of said files.They belong to your original doctor and while he is being an ass about it they are his files.Sending them to another doctor without your permission does seem to skirt privacy issues but I dont think that is enough of a case.

 

My suggestion....call the doctor with the files and plead your case.Tell him you simply cannot afford the fees.If he still wont comply( I thought doctors were supposed to help and care for people )then start fresh.

 

Good luck and I hope it works out for you.

 

Chance

 

 

[Headhunter]

Thanks to all for your thoughts, so far...

As I understand it, doctors must keep your files for a period of ten years. M.O.H regulations. Doctors do not want to incur the costs of copying files when a change is made. They out-source this funtion to a third party who can and will charge the maximum allowed under law.

Each member of my family has some sort of medical situation, that would be properly documented by the old doctor and our new doctor should have that info at hand, when making health decisions on my family's behalf. My wife and I have discussed telling them to keep them, but we do need some of the info contained in those files.

Slop, I don't think that the doc taking over our files had to pay anything to our old doctor, she simply assumed all of our old doctor's patientsas well as the responsibility of maintaining and storing of our files. As I understand it, she takes all responsibility for those files including the 10 year storage rule.

I have "threatened" to just show up and grab the files and was told in no un-certain terms that the police would be called.

Again, as my son and wife have some issues that require our new doctor to be fully informed, I feel like my families health is being held hostage by a system that is acting contrary to their obligations as health professionals in this province. What keeps rattling around in my head is this; what if I was a senior on a very fixed income? This cost could potentially put an individual in a position where they have to decide between their health and eating that month.

I appreciate all your suggestions, please keep 'em coming if you can.

Thanks,

HH

[BillsTheBassMan]

HH! This is pretty horrible governance of your private & personal information here. I must reiterate what others are saying and state that this is truly a big rip-off.

 

Here's what I'd do.

 

1) Call the new doctor and say that you simply can't afford the big fee. See if they can cut you a break in the price or cut it altogether. Offer to drive over there and pick them up yourself.

 

2) If they refuse this write a letter to the editor in a local newspaper. Provided it is well-written they will run it for sure. I have been published on 3 occasions in the KW Record (I have wrote them 3 times).

 

You'd hope to find some common decency here. You really can't appreciate the shape your former doctor left you in.

 

After 35+ years of service, my family doctor recently retired. He, however, handled the situation with class. He sent out a letter 6 months in advance to all of his patients, he had a new doctor lined up, he gave a history on the new doctor and allowed patients to meet him in advance. The new doctor came in to the same building and took over his practice. It was done with class and forethought. It's too bad they're not all that way.

 

Good Luck! Give us an update on how it finishes up!

 

Ryan

[Billy Bob]

HUH, that social medicine isn't all that free after all...SORRY had to take that shot...

 

They (doctor) tried that here once when our Doc retired and SOLD his business to a doctor not of our choice....had the records sent to our new doctor of choice and called the doctor and told him it would be a cold day in hell before I pay him anything. Never heard from him again (over 5 years ago).

 

This medical record thing is crazy...they should belong to YOU the patient as they always have until recently. But I agree if you can't get them for FREE I would just take on the new doctor and have new lab tests, etc... and start over. The doctors RARELY look over medical records but rather your last appointment/lab test results.

 

Worst case.....give him a bad check for your records and have him fight it out for the money....doctors don't have time for this and will probably just drop it as in my case.

 

Bob

[cynmar]

I totally agree with you however, as the old adage goes money talks and bull walks. You have tried moral suasion and obviously that hasn't worked. Other than that, your only recourse as I can see it is to talk to a lawyer and that will blow $500.00 out the window real fast. Another avenue, may be to go public, for example and this ages me, there was an old local news add on with a guy called Goldhawk. He would investigate problems like yours where the general public couldn't get anywhere and he usually got some results. Call the local media, see if they want to exert some pressure on the situation. I would still consult a lawyer and be very careful with any accusations as you surely would not want to get into litigation. Perhaps the doctor should be forced to pay you for the information that you provided him originally so that he could start a file and charge you for it later.

 

Bill

[OhioFisherman]

I went through the same thing here stateside. They are suppose to be your medical records? but the doctor has the right to give them to the doctor he sells his practice to?

 

Once I was told of the costs? I decide against it, a lot of the information in the files are just the doctor`s diagnosis`s and observations. In my case a series of improper conclusions, I should pay for miss-information?

 

Things may be different up there, here in Ohio you have a legal right to obtain copies of x-rays, mri`s and such from the facility that took them, and any associated reports from the physician that examined them for a cheap copy fee only.

 

Again opinions, my first neurologist took the small dots on my brain mri to be small strokes, even though it was noted by the expert than examined the mris " given the location a de-myelinating process isn`t entirely excluded". Second neuro was equally lame in his diagnosis, couldn`t answer relevant questions on it, refused to consider my diagnosis, and stated that "no further testing was needed or necessary" which lead me to ask him for a referral to a real doctor. This expert, at the Cleveland Clinic`s Mellen MS center felt more testing was in order, and confirmed my diagnosis of Multiple Sclerosis.

 

LOL patent medicine? I still go to doctors

, do I accept their word? at times, if the facts add up!

 

Note I also had to diagnose my daughter`s appendicitis, the hospital said no and were sending her home, until I forced the issue, then after a cat scan the surgical team was called.

 

You are your own best advocate! LOL I am not a doctor, and I won`t play one on TV!

Edited August 23, 2010 by OhioFisherman

[Headhunter]

Billy, I will not be drawn into the debate regarding socialized health care, I guess if you must take a shot, you must.

I will not lower my own personal standards, that have served me, well so far, by writing a bad check. To my mind, two wrongs have never made a right.

I have considered contacting local media about this, but based on some phone calls I have already received from members here, I'd be wasting my time... it seems like I am not the only one to have gone through this situation.

It just seems to me anyway, that having all these tests re-done is not only a waste of money, it's also a waste of my time. Loosing half a day here and there to have the same things done, again, just rubs me the wrong way. Theat sais, I will obviously do what I have to do.

I'm still looking for the win here, but it aint lookin good.

HH

[BillsTheBassMan]

I have considered contacting local media about this, but based on some phone calls I have already received from members here, I'd be wasting my time... it seems like I am not the only one to have gone through this situation.

 

That's precisely why I would contact local media.

[Headhunter]

Good point Bill!

HH

[GBW]

an email was sent to the following with the link:

'[email protected]'

'[email protected]'

cheers

[BillsTheBassMan]

an email was sent to the following with the link:

'[email protected]'

'[email protected]'

cheers

 

[Tom McCutcheon]

I know others have said this, and I tend to agree. About 8 years ago we moved and had our records transferred to the new Dr's office. Total charged at that time was $150.00 for the two of us. I thought that was outrageous. When I asked about the charge it was explained to me that a lot of the information contained notes and opinions that the old Dr. had made over almost thirty years of care.

$500.00 does seem out of hand but for a family of four, maybe the costs have gone up from $75.00 per patient to $125.00 per patient.

 

I know that is not a solution for you, but it is food for thought.

 

Tom.

[Headhunter]

I have drafted and sent an email to Sean O'Shea @ Global News, Investigative/consumer reporter.

I'll update the board with any and all news.

HH

[addymark]

I don't think you are legally obligated to get consent from patients for the transfer of their files IF and only if you sell a practice or sell your files once you retire. I'm assuming the files of your old MD were sold to the other MD. In doing so the new MD knows he can make profit since he is allowed to charge a REASONABLE fee for copies of the files. Depending on the length of time you have been with your previous MD combined with the extent of your health history, what is deemed reasonable is up to the Doc.

 

They can charge a fair bit because he owns your file, he is paying someone to stand there and copy it and he is paying for materials. I don't know the size of your files but it seems a little steep to me. Unless the price correlates with the size of your file compared to the average file... then you may be getting rinsed. But I'm not sure you will be able to do much. all the governing bodies seem to think it is okay, so it is up to the Doc.

 

hope they reduce it though. good luck.

[BillsTheBassMan]

I don't think you are legally obligated to get consent from patients for the transfer of their files IF and only if you sell a practice or sell your files once you retire. I'm assuming the files of your old MD were sold to the other MD. In doing so the new MD knows he can make profit since he is allowed to charge a REASONABLE fee for copies of the files. Depending on the length of time you have been with your previous MD combined with the extent of your health history, what is deemed reasonable is up to the Doc.

 

They can charge a fair bit because he owns your file, he is paying someone to stand there and copy it and he is paying for materials. I don't know the size of your files but it seems a little steep to me. Unless the price correlates with the size of your file compared to the average file... then you may be getting rinsed. But I'm not sure you will be able to do much. all the governing bodies seem to think it is okay, so it is up to the Doc.

 

hope they reduce it though. good luck.

 

That's all well and good but it's still a complete shakedown, not to mention unethical. This would completely blindside most people . . . changing Doctors can be stressful enough.

 

We could then go into the lack-of-consent for sale of extremely private files . . .

 

HH has a legitimate complaint here.

[chessy]

those files are the doctors files they belong to him not you . when i hurt my back wsib wanted my medical history . they asked me to get them from the doctor he laughed and said they are his files and if wsib wanted them they would have to pay . like i said they belong to the doctor not you

[aplumma]

If the price includes x rays and lab reports and other unconventional media then it does not seem to pricey. If you are just getting the records of how many ear infections little Billy has had then that is information you don't need. If the copies of the records you have can answer a question in an emergency instead of having to wait for the results of a test it will seem to be a bargain at $500.oo or so. Adults are more rugged when it comes to doctors tests while putting the kids thru some of the tests only to save money is kind of rough on your own conscience O and their arms.

 

Art