Legal Rights to Sleep Study Data

[tangents]

Thanks to the many suggestions I received, I spent a few hours yesterday researching Ohio law regarding a person's rights to their medical records. I found that doctors are obligated by law to let you view your medical records, and must make a copy (they can charge you $$ for the copies) for you. Since my ex-sleep doctor refused to give me anything but the "summary report", I sent him an official request by certified return receipt mail yesterday. 30 days is the legal guideline for a reasonable amount of time to produce the copies, so that's what I wrote in the letter. I wrote that if I don't hear from him in 30 days that my copies are ready, I will file a complaint with the medical board.

Sad that it had to come to this, but I hope to have my data soon.

Thanks again to the forum for all your help.
Cathy

[SelfSeeker]

Cathy,

Sorry to hear you had to go this route.

[brackstone]

I'm surprised there aren't federal laws about this.

I can kind of understand maybe a psychiatrists notes. Or maybe even your docotors notes. However reports? Data? Factual Findings? Scientific Analysis from a professional? Why would that stuff be withheld?

Tangents please let me know if he drew like happy faces and frowny faces all of your report or something hilarious like that

[Snoredog]

the laws in most US states are that any medical test results must be delivered to you by a licensed doctor.

once those "results" have been delivered, you have every right to those results, not just your doctor's interpretation of them.

PSG's contain a lot of data more than you have OSA and here is a machine. If your doctor misreads or doesn't interpret your results correctly, you are left to suffer.

A doctor that doesn't volunteer all your test results when requested is covering his/her butt from malpractice suit. Those are the types of doctors you need to avoid. If your doctor is any good they will have no problem giving you the wanted records for obtaining a 2nd medical opinion.

By denying you of your test results, your doctor is denying you of your legal right to that 2nd opinion. If your doctor refuses to turn over the test results after the 30 days, or fails to give you the item requested, I would see an attorney and sue the SOB in addition to filing a complaint with the State medical board where he/she is licensed to operate.

It is your health, take care of it.

[SandyDKY]

You aren't the only one having trouble getting results. I had my studies done in January and February and have not gotten results and I found out yesterday that my doctor who ordered the test hasn't either. I called and requested the sleep center to send them and I was told they would fax them to my doctor and mail me a copy today. We shall see. Hopefully it won't come to having to threaten them, but at least I know what to do if it does thanks to the people here.

[WearyOne]

The HIPAA federal law, among other things, says you have a right to a copy of your medical records. The brief summary below is from http://www.hhs.gov/hipaafaq/about/187.html.

For patients – it means being able to make informed choices when seeking care and reimbursement for care based on how personal health information may be used.

It enables patients to find out how their information may be used, and about certain disclosures of their information that have been made.

It generally limits release of information to the minimum reasonably needed for the purpose of the disclosure.

It generally gives patients the right to examine and obtain a copy of their own health records and request corrections.

It empowers individuals to control certain uses and disclosures of their health information.

Just mention HIPAA if you're having trouble getting copies, and I'm sure you won't have trouble after that. At least, that's what I have heard from friends and personally experienced once myself.

Pam