Doctor's PA Won't Give Copy of Script

BrooklynCPAPer · Post by **BrooklynCPAPer** » Wed Jan 14, 2015 10:29 am

I went to my doctor's office yesterday and saw his PA so she could help me with my mask issues. When I told her I wanted to use cpap.com to try various masks on, she wouldn't give me a copy of my CPAP script and said she'd send a script for the new mask over to the DME.

Does that sound right? Being a new hosehead, I want to take an active part in my care but don't think I neccesarily need to go into the office (and pay my copay) for things like trying different masks. I'm grateful for her help in doing a fitting and suggesting a different mask but I left feeling like I had asked her to move mountains rather than what I thought was a simple request.

Tatooed Lady · Post by **Tatooed Lady** » Wed Jan 14, 2015 10:37 am

Its your prescription, your choice who you buy from. Push the issue through the doc or the DME, once they have a copy. I called the DME and demanded a copy be faxed to my home, even when they tried to force me to buy through them.

Just my $.02

Minky · Post by **Minky** » Wed Jan 14, 2015 10:48 am

I had a similar issue. I was UNRELENTING with my sleep doc's office and let them know that I wasn't going away until they gave it to me. They tried to tell me that I would have to sign a waiver, blah, blah, blah. I told them that I was on my way there and that I would be happy to sign anything, but that I would expect to leave there with my prescription in hand.

I showed up. My prescription was sitting in an envelope in a basket at the receptionist's desk (along with a bunch of other envelopes ). I've been happily doing business with CPAP.com since then .

Joshkins · Post by **Joshkins** » Wed Jan 14, 2015 10:50 am

If you live in the USA I believe they are breaking HIPPA laws by not providing you a copy if requested

grayghost4 · Post by **grayghost4** » Wed Jan 14, 2015 10:54 am

https://www.health.ny.gov/publications/1443/

Sleeprider · Post by **Sleeprider** » Wed Jan 14, 2015 11:15 am

You have a right to ANY record, and it's the law 45 CFR Section 164.524 http://www.gpo.gov/fdsys/pkg/CFR-2002-t ... 64-524.xml

164.524 Access of individuals to protected health information.
(a) Standard: Access to protected health information. (1) Right of access. Except as otherwise provided in paragraph (a)(2) or (a)(3) of this section, an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set.

There are limited grounds on which a denial may be based:

(3) Reviewable grounds for denial. A covered entity may deny an individual access, provided that the individual is given a right to have such denials reviewed, as required by paragraph (a)(4) of this section, in the following circumstances:
(i) A licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person;

(ii) The protected health information makes reference to another person (unless such other person is a health care provider) and a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to such other person; or
(iii) The request for access is made by the individual's personal representative and a licensed health care professional has determined, in the exercise of professional judgment, that the provision of access to such personal representative is reasonably likely to cause substantial harm to the individual or another person.

If your doctor's office does not release requested information and records and provide copies (reasonable costs are allowed), they are in violation of HIPAA. Note, they may mark the prescription as a COPY, but you still have a right to it.

BlackSpinner · Post by **BlackSpinner** » Wed Jan 14, 2015 11:36 am

You can also have cpap.com request a copy directly.

sleep_quest · Post by **sleep_quest** » Wed Jan 14, 2015 2:22 pm

You might also let them know that you 'will be traveling' and you need to get a copy of your prescription for replacements in case any of your equipment fails while you are away from home.

chunkyfrog · Post by **chunkyfrog** » Wed Jan 14, 2015 2:25 pm

Or you can sic your lawyer on them . . .

webbie73 · Post by **webbie73** » Wed Jan 14, 2015 2:39 pm

First, it is your right to have a copy of the prescription as other have said.

I have a little different point of view, since you said you are having mask issues you might want to deal with a local DME where you can go and try masks in Person. When I started using CPAP I had a difficult time finding a mask that worked for me. My DME was so helpful those first few weeks. I think I tried 4-5 makes before I found the right one for me.

After you find what works for you it will not make a difference where you get your supplies. I find it convenient to use my local, independent DME. In the last 6 years I have only had one problem with them.

BrooklynCPAPer · Post by **BrooklynCPAPer** » Wed Jan 14, 2015 4:32 pm

Thanks all for the really helpful replies. I'll keep chipping away at them. I'm also going to start researching other sleep doctors. It's not a leap I'll make solely based on this incident but I've been progressively less and less happy with each visit. If I'm going to pay high NYC rent prices, I might as well at least try and take advantage of the number of specialists here!

When the DME dropped off the machine, he ran back out to his van to get the cord and a copy of the script was sitting right there on my bed in his paperwork stack. My gut said "quick make a copy while he's outside or you'll never get one" I simply must listen to my gut more often.

I love the suggestion to try on masks in person but the DME they've sent me to isn't based in the city so that won't work in this case. Otherwise, that would be a great option.

Sleep well all!

BlackSpinner · Post by **BlackSpinner** » Wed Jan 14, 2015 5:12 pm

BrooklynCPAPer wrote: I love the suggestion to try on masks in person but the DME they've sent me to isn't based in the city so that won't work in this case. Otherwise, that would be a great option.

Sleep well all!

Call your insurance and find out which DME's are in your area and go and visit them. If there are any you really like get them to get a copy from your doctor and use them. Your doctor has no say in the DME you can use.

chunkyfrog · Post by **chunkyfrog** » Wed Jan 14, 2015 6:19 pm

And the PA is not allowed to violate HIPAA!
--no matter how much kickback he/she gets from the DME!

archangle · Post by **archangle** » Wed Jan 14, 2015 6:24 pm

Joshkins wrote:If you live in the USA I believe they are breaking HIPPA laws by not providing you a copy if requested

Get the spelling right. HIPAA is the correct term.

Call back, tell the receptionist you want to speak to the doctor, not the PA, about a copy of your prescription. Then, if you don't get what you want, if he's part of a larger practice, start talking to their business office. Ask if they have a HIPAA compliance officer, etc.

Doctor's PA Won't Give Copy of Script

Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script

Re: Doctor's PA Won't Give Copy of Script