Sleep Studies and Your Medical Records

Most doctors and medical facilities will provide you w/a copy of your medical records, including your sleep studies and titrations, but for any of you in the USA who encounter a reluctant doctor or facility there is some excellent information regarding your rights under HIPAA (Health Insurance Portability and Accountability Act).

The HIPAA Privacy Rule gives you the right to see, get a copy of and amend (correct) your medical record by adding information to it. Most states also have laws that give you rights in your medical record. The consumer guides at the following URL are intended to help you understand your rights to your medical records under a combination of these laws. There is a state by state listing of your rights.

http://hpi.georgetown.edu/privacy/records.html

Hi Slinky,

I am an attorney. I am knowledgeable about HIPPA and my rights. My hospital also has a Patient's Bill of Rights that includes a right to obtain copies of my medical records. My sleep study was in August 2008. Since then I have asked my PCP who ordered the test for a copy of my sleep study. My PCP kept telling me all he had was a summary report and I was welcome to have a copy of that but I told him I wanted a copy of the actual study as well as the summary. I never got it until today when I met with my sleep doctor for the first time. I admit to perhaps being overly patient but I know it was better to be patient than to be a pain in the you know what and cause friction between my doctors and me.

We all have rights but sometimes it is better to wait rather than to insist or worse yet, to complain or even threaten or worse. We have to live with these people and depend upon their concern and care.

Just my thoughts.

Look at that--an attorney NOT suggesting that you sue.

I'm not sure how to go about offering to shake your hand in the forum setting for that post, KengEsq, so please just consider it shook.

jeff

jnk wrote:Look at that--an attorney NOT suggesting that you sue.

I think it's more common than you might think. The attorney who taught my business law courses had the same suggestions...that sometimes it's better in the long run not to sue even though it may be within your rights and may result in a short term gain. The reasons were continued good relations with other businesses and with customers and potential customers. I think it's good advice that could apply to all sorts of situations. Complaints and lawsuits should be reserved as last resorts or when there is really obvious bad treatment and you don't care about burning those bridges, and others you may not foresee at the time. Also, it is possible to make complaints and assert your rights while still maintaining a good relationship with whomever you're dealing. Not always easy tho!

Thanks Slinky for the subject:
As I have been in an out of the hospital sense Nov 9th. and seen about every Dr. in Michigan at least in Sparrow Hosp.

I have made copies of all the records and DRUGS taken at present time and placed on CD's -- INCLUDING CTR scans & X-rays also all my CPAP scripts & EKG's ............. It's handy to be able too hand over the info on Cd's and let them print off what they want in there records.

I ALL SO would like to recommend EVERYBODY get a "FREE" copy of their
"EMERGENCY MEDICAL IDENTIFICATION CARD"
http://www.medids.com/free-id.php
NOTE --- It's FREE!! You print it yourself...

Something ELSE:
make a setup paper so if you are taken into the hospital your significant other or somebody in the hospital can get you back on your CPAP. I had a respiratory nurse and two tech's that didn't know how to setup a 420G & Twlight mask... Thay wanted to use a machine they had and knew....... Plus a new full face mask?? "BAD PLAN!! for ME!"

Finally talked the wife throw the setup and chin strap ect. She never paid attention to what I was doing or setup?
SO PLEASE help yourself and others around you...

BERT

Wow, sure am sorry you've had to be in and out of hospital so much lately, Bert!! My condolences. I sure hope that they've got you patched up properly and on the mend!!!

Yep, I've been in the process of doing the same w/my records - but I've been thinking, why a CD? Why not a flash drive? They've come down in price so much its no problem to set one aside for just medical records. Wha choo tink?

Some facilities (like the one I work in) do not allow flash drives to be used on company computers. This would make it difficult for you to bring in the drive and have them print what they needed from it like Bert suggested. There is also the possibility that they could erase items from the drive or erase the whole drive completely. Ofcourse if you are one of those individuals who are into redundancy than erasing it wouldn't be a problem.

Sorry, I forgot to say thank you, KingEsq. I hadn't thought ahead as far as suing. The further away I can stay from the court room the better.Good counsel from both you and Nobody. Thank you too, Nobody.

AKCPAPGuy, thanks for the reason why NOT to use a flash drive. I appreciate that insight.

Slinky,

That's a really nice web site. I like the separate sections for each state.

KengEsq wrote:We all have rights but sometimes it is better to wait rather than to insist or worse yet, to complain or even threaten or worse. We have to live with these people and depend upon their concern and care.

KengEsq

If it's just a matter of waiting that's one thing. But some doctors don't want to ever give you a copy of the studies. In those cases I think you must insist. If you're lucky they just refused without thinking about it and may change their mind if you talk to them about it. But if they don't you may have to politely point out they have no choice.

If THAT doesn't work then definately escalate it - and DON'T live with that doctor anymore. A doctor who refuses to release your records to you is a doctor who's concern or care for you is something you SHOULD NOT be depending on. Replace them as soon as possible (and get your records too).

Of course getting records this way may not be fast. They have a certain number of days to comply. And then they may not comply. It could be too long to wait if you are sick and desperate and think you need your records to help you. Wheedling, or outright begging may be much faster.

I'm sure your PCP did have only the summary report. That's all that the sleep doctor sent to the doctor who referred me. I do think that if your PCP was treating you that he could have requested the full reports for you. Perhaps he didn't know they existed.

MidnightOwl

Slinky wrote:Wow, sure am sorry you've had to be in and out of hospital so much lately, Bert!! My condolences. I sure hope that they've got you patched up properly and on the mend!!!

Yep, I've been in the process of doing the same w/my records - but I've been thinking, why a CD? Why not a flash drive? They've come down in price so much its no problem to set one aside for just medical records. Wha choo tink?

I'm still up and kicking.....?Mend?... I have enough stints in me to set off any metal detector -but- THANKS for your concern
The thumb drives are a BAD IDEA most places of business refuse to allow them because VIRUSES and lost of data is to easy so "LAW Suits are to easy!"
Most hospitals have gone to digital CTR & X-ray equipment so they all offer copies on CD's --- putting your data in PDF format is easy and READABLE by almost anybody... MAC or PC.

What I forgot to mention in my last rant was EVERYBODY should have a
Durable Power of Attorney for Health Care and Health Care Directive
Be sure to check your states rules -HERE is a FREE site..http://www.expertlaw.com/library/estate ... orney.html
REMEMBER the FREE card........... http://www.medids.com/free-id.php

BERT
Treating apnea only stops you from doing things if YOU LET IT.
also http://www.michbar.org/elderlaw/pdfs/dpoa_hc.pdf

That sample form letter for requesting your medical records under HIPAA should in most stubborn cases do the trick. Then they are aware that YOU are AWARE of YOUR RIGHTS and are willing to follow the necessary steps. One step at a time. As I said earlier, an attorney and suing are not along the lines I was considering or suggesting. There's not only Health and Human Services, there is your state's licensing board and the accrediting groups. Heck, lots of time just sending your WRITTEN request via Certified Mail, Return Receipt Requested gets your point across w/o any threats or whatever. Nothing like a printed trail to gain their attention!

Finally talked the wife throw the setup and chin strap ect. She never paid attention to what I was doing or setup?
SO PLEASE help yourself and others around you...

You have no idea how important this aspect is. I had taught hubby to work my machine. He knew it all. Then came the day I had an emergency. I ended up not needing to stay overnight or to be put under so that was all good. However, what I hadn't taught him was to empty the humidifier before moving it. Yep, got back home and machine worked for 4 hours then up and quit. The DME gave me a back up system the next day while mine was being fixed. But hubby felt so bad, he went and bought me a whole new set up from cpap.com so I never have to deal with even a few hours without my sleep again. Now I have two complete M Series auto with aflex plus humidifiere as well as a back up remstar pro. No way will I ever go without my cpap again.

crossfit wrote:

Finally talked the wife throw the setup and chin strap ect. She never paid attention to what I was doing or setup?
SO PLEASE help yourself and others around you...

You have no idea how important this aspect is. I had taught hubby to work my machine. He knew it all. Then came the day I had an emergency. I ended up not needing to stay overnight or to be put under so that was all good. However, what I hadn't taught him was to empty the humidifier before moving it. Yep, got back home and machine worked for 4 hours then up and quit. The DME gave me a back up system the next day while mine was being fixed. But hubby felt so bad, he went and bought me a whole new set up from cpap.com so I never have to deal with even a few hours without my sleep again. Now I have two complete M Series auto with aflex plus humidifiere as well as a back up remstar pro. No way will I ever go without my cpap again.

GREAT Point......... Also a reason to have a BACKUP system around! -- I have TWO complete setups and two other machines "Just don't want to have the BAD NIGHTS SLEEP!
Thank your husband the A-Flex is Top-Notch in my book!!

BERT

Bert_Mathews wrote: Something ELSE:
make a setup paper so if you are taken into the hospital your significant other or somebody in the hospital can get you back on your CPAP. BERT

Thanks for the reminder, Bert. I am preparing for a major journey overseas (first time with cpap), and just spent about an hour typing out one full page of both short-term (without use of HH) and long-term (using HH) instructions for my PB-420E set up and mask instructions, in case of emergency hospitalization that I cannot do this for myself. It's amazing how many details there are to explain, and cautions to give the setter-upper! Already feel more secure having that in my CPAP bag!

plr66 wrote:...just spent about an hour typing out one full page of both short-term (without use of HH) and long-term (using HH) instructions for my PB-420E set up and mask instructions, in case of emergency hospitalization that I cannot do this for myself. It's amazing how many details there are to explain, and cautions to give the setter-upper! Already feel more secure having that in my CPAP bag!

Aaachh!!! Just occurred to me that there is no way that I can think of, to credibly instruct anyone attending to me, to tape my mouth!!
Any ideas??