Sleep study

[Glenn2002]

Hi, my DME company notified me I am out of network meaning they are not accepting HMO. So I asked if they can return the only copy of my sleep study and they said No! I asked why and they claim Hippa reg won't allow it. That makes no sence what so ever, It's my record. Does anybody have any thoughts about this? I lost my original so it's an issue.

[lazarus]

Details may vary from state to state. But here is how one obtains one's records in my state:

https://www.health.ny.gov/publications/ ... %20request.

[LSAT]

Tell them to read the FEDERAL HIPAA rules....It is the portability rule that allows you to have access to any of your medical records.

[SleepGeek]

Does anybody have any thoughts about this? I lost my original so it's an issue.

File a complaint follow the HIPPA links and their licensing dept. which I believe is the Dept. of Health. Always make your requests in writing and keep a signed copy.

Keep in mind you can also get a copy from the place you had a sleep study at and any place you bought the cpap or supplies from will also have a copy.

@Future readers - this is one reason to always request a copy of your sleep study right after you complete it.

[Rubicon]

You tell them you want the record within 30 days or you're filing a complaint with HHS. It's the law:

https://www.hhs.gov/hipaa/for-professio ... index.html

The fines for failure to do so run from about $80,000 to $160,000.

Better yet, file the complaint NOW and tell them the clock is ticking.

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

[Rubicon]

Hi, my DME company notified me I am out of network meaning they are not accepting HMO. So I asked if they can return the only copy of my sleep study...

Whatcha talkin bout Willis.

How is it the "only" copy? What happened to the original testing facility?

[Rubicon]

Have to think about what you're trying to do...

[Rubicon]

OK go ahead and follow through with the threat. I think it's OK:

Other records that are used, in whole or in part, by or for the covered entity to make decisions about individuals. This last category includes records that are used to make decisions about any individuals, whether or not the records have been used to make a decision about the particular individual requesting access.

[Iamstumped]

Hi, my DME company notified me I am out of network meaning they are not accepting HMO. So I asked if they can return the only copy of my sleep study and they said No! I asked why and they claim Hippa reg won't allow it. That makes no sence what so ever, It's my record. Does anybody have any thoughts about this? I lost my original so it's an issue.

You can always ask your doctor to get you a copy of the records in question.
I also recommend that you keep 1 (or more) copies at home, in a fire resistant safe, for your own records.
If you do any traveling, even in a personal vehicle, you may need to replace equipment at the last possible moment, and you will need those records, (Sleep Study, Doctors Orders, Rx prescription) to replace the machine and other equipment.

[clownbell]

@OP - You are entitled by law to obtain a copy of your medical records because they are YOURS. Refer your DME to the HIPPA law, specifically 45 USC 164.524.

For homework, read the following pages:
Cornell Law School https://www.law.cornell.edu/cfr/text/45/164.524
Also Lazarus included a URL above.

Be informed and demand your rights.

[lynninnj]

I would call insurance company too and let DME that you are informing them. Insurance companies certainly don’t want to pay to repeat a study.