Obtaining Copies Of Your Medical Records Should Not Be All That Difficult
This week's question:
I was seriously injured in an auto accident recently. I went to my doctor's office to get copies of my medical records and the office receptionist said that it was their "policy" to keep all medical records in their office. Is there any way I or my attorney can get a copy of those records? And how about other, previous, records pertaining to me and my medical history? And how much can they charge per page for the copies?
/s/David D.
Almaden Valley
Dear David-
I cannot understand why it is so difficult to obtain copies of your medical records from your own doctor's office. You might want to contact your doctor in writing about that, since it is pretty clear that a patient has a right to obtain copies of those records by signing a simple authorization. Maybe the receptionist was new and did not understand.
California Evidence Code §1158 has been around for some time. It provides in part as follows:
"Whenever prior to the filing of any action or the appearance of a defendant in an action, an attorney at law or his or her representative presents a written authorization therefore signed by an adult patient, by the guardian or conservator of his or her person or estate, or, in the case of a minor, by a parent or guardian of the minor, or by the personal representative or an heir of a deceased patient, or a copy thereof, a physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, or pharmacist or pharmacy, duly licensed as such under the laws of the state, or a licensed hospital, shall make all of the patient's records under his, hers or its custody or control available for inspection and copying by the attorney at law or his, or her, representative, promptly upon the presentation of the written authorization."
What many law firms do is to fill out a requisition with a professional copy service. They then go to the doctor's office with a portable copier and make the copies. California Evidence Code §1158 goes on to state:
"No copying may be performed by any medical provider or employer enumerated above, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in §22451 of the Business and Professions Code as his or her representatives to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney's representative."
What if the doctor's office fails to provide the records for copying? Good question, and that is covered by Evidence §1158 as well:
"Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the person or entity having custody or control of the records to liability for all reasonable expenses, including attorney's fees, incurred in any proceeding to enforce this section."
Of course, the patient or attorney needs to pay the reasonable cost of the copies. The cost limits are also set out in Evidence Code §1158:
"All reasonable costs incurred by any person or entity enumerated above in making patient records available pursuant to this section may be charged against the person whose written authorization required the availability of the records."
Good rule, but what if people try to play games with the meaning of "reasonable" costs. That is covered also by §1158:
"Reasonable costs," as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 1/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any charged to the witness by a third person for the retrieval and return of records held by that third person."
And a final point is also covered by §1158:
"Where the records are delivered to the attorney or the attorney's representative for inspection or photocopying at the record custodian's place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, in any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person."
So, there you have it, David. Good luck with getting copies of your medical records.
/s/Donald J. DeVries
Almaden Valley
Donald J. DeVries is an attorney practicing law in the Almaden Valley. Past Almaden Times articles since 1986 can be accessed through his web site: www.almadenvalleylawers.com
