Can I take my records from my current doctor's office? HELP

My current PCP is getting old and beside that I just found out that his medical biller is the mother of someone I work with. As some of you know, I haven't told anyone that I had WLS so I am alittle concerned that this lady might see my paperwork and say something to her child (that's who I work with). Therefore, I want to take my records ASAP out of his office. Can I do that? Or do they still keep a copy of everything in their office also? Any help is appreciated

you can not remove the actual record from his ofc. all they do is give you a copy of your records. HIPAA is a big thing, if she is caught giving information about a patient even to a family member, you can sue her per your medical privacy act. patient information is confidential and should remain within the ofc of the physician you are seeing or an ofc that is treating you such as a specialist. if you need a copy of HIPAA let me know... gina

Oh so I can sue the doctor and her if she is caught giving out my information?  But how would I prove it? I want to prepare for the worst case scenario! Thanks so much

You can't remove your records from their office. By law they have to keep them for a number of years -- I can't remember how many. But I can understand you wanting to switch docs, and for that you can, and should, get copies of all of your records. You'll just have to give them something in writing requesting them and they have to give them to you; I think they can request a copying fee, but that's it.

But to me the bigger issue is that you don't trust this particular person to be discreet. If that's the case, it might not be a bad idea to talk to the doctor. If this person is a gossip, your PCP should be made aware of that fact so that he or she can act accordingly. Sharing people's personal information for no medical purpose is against the law and so if this did happen, the office person would be liable. And so would the doctor. So if you truly feel that this is a possibility, then I think you should talk to your doc about it, being prepared to give examples of why you're concerned.

Either way, though, it's always good to have copies of your medical records. I like to keep mine fairly current (at least labs) because it's good to have them. And I'm a geek and it interests me, but that's another story altogether.

Good luck,

Vickie

I just feel if I bring the issue up to my doctor its like stirring up trouble. For example, I know this employee has been working for them for like forever so if i question my doc I am unsure if he will bring the issue up to them suddly and make them question anything. I am just so paranoid over this. I wish I could take my records permanetly from his office or her mom could switch jobs lol UHHHH I need support I mean I tell my doc all the time that I don't share my WLS with anyone and I want to keep it that way but he is so nonchalant and thinks it aint a big deal but to me it is- especially since I've lied this long! PS please don't think I am embarassed of our surgery it's just I come from a very critical BIG family who would tear me apart and I feel at this stage of the game I don't deserve that kind of treatment!

Hi SafetyGRL, I understand your concerns, and would feel the same way since it sounds like you and I have similiar families that would not understand the real reasons we did what we did with WLS.  However, with that said, and not that I condone any act of invading the privacy of any patient let alone by someone that you know outside the office or that knows someone you know outside the office (too confusing, I know),but  I have to put my professional Nurse Administrator hat on and say "give the benefit of the doubt" to the healthcare team at your physician's office.  Unless you have reason to believe that she has in the past, is currently doing so, or will actively share confidential health care information with someone not having a "need to know" in the future, you need to kindly and respectfully give the benefit of the doubt and respect that the office staff is professional and abide by the laws set forth to protect patients privacy.  Remember innocent until proven guilty. It is easy to take the "glass half-empty" approach in today's society where everyone is litigation happy, and we hear too  many stories about how people misbehave, and never really hear about all the professionals out there that take their jobs seriously and respect their patients privacy and the patient as a whole.  If you have a good relationship with the doctor, and you respect the doctor as a person as well as a provider, I hope that you can believe that as "Captain of his Ship", he has set the tone and set the example of how to behave, and that he lives and expects the same from his staff as he himself does.  If however, you feel that the physician may not have the discretion you deserve in this healthcare setting, then you can probably rightfully assume that his office staff has the same behavior patterns and the chances of a breach are more likely, and if so proven, should be prosecuted. I have been a nurse for over 25 years; the last 15 in management, and the last 6 years living the  HIPAA nightmare.  I found that HIPAA is unfortunately just more paperwork to cover what most professional and respectful healthcare providers have been doing and SHOULD HAVE BEEN DOING  for years without having to be told by a law to do so; it is also a good excuse for litiginous people to look for opportunities to see how and if private issues have been shared and seek compensation for such.  Most people misread the HIPAA laws, but basically all the info shared with you on this blog is correct: Your "PHI" (Personal/Private Health Information) is to be and will be protected unless there is a lawful need to know such as reporting a bullet wound to the authorities, suspected child/partner/elder abuse, information to insurance payors etc.  You as the healthcare consumer should (if you haven't already done so) specifically fill out a HIPAA Notice of Privacy Form for this office, you should also complete a HIPAA release form that specifically states you do not wish any information to be shared with "xxx" unless you are contacted to give permission, and you should keep copies of these for your personal files.  In the (I hope) unlikely event that your PHI is shared with anyone that does not have a need to know, you will have these forms as substantiation of your desires and these will serve your cause in any process you take.   As a healthcare provider, and as a nurse, and as a patient, I would just ask that you give the benefit of the doubt to the healthcare team and assume that they are and will do their job as it is intended to be done and that your privacy is being respected as it rightfully should be.  We all deserve this courtesy, and it sounds as if you are a "live by the golden rule" person; do unto others as you would wish done unto you...... Best of luck to you and congratulations on  your WLS. Kim