Should I be pissed or furious?

I'm not sure what the point of the OP's rant is. Does the law specify a retention period for the raw data? If so, what is it?

TooGroggy wrote:I'm not sure what the point of the OP's rant is. Does the law specify a retention period for the raw data? If so, what is it?

The law requires your health records to be provided "within 30 days" of your request and I thought that was his point, that it was not. Not doing so can and often does impact continuity of care.

To me it is much better to have them with your when you see a doc. The last time I relied on getting my records sent directly to the doc my time and the docs was wasted.

Then you always get the game <they were sent> [but we never received them]. Stop the madness.

Ya know, reading this, I'm beginning to think I should just get a more complete copy of my PSG; I have the 2 pg summary. I have 1 of the X-rays of my fractured L1 vertebra; all others are gone I'm sure, lost in the archives of wherever. None of my left ankle where I broke both leg bones and was pinned. I understand they digitize X-rays when they can, makes sense and loading to a flash drive for storage would be convenient. Things to consider...

TooGroggy wrote:I'm not sure what the point of the OP's rant is. Does the law specify a retention period for the raw data? If so, what is it?

a) it's my data gimme (not sure what the law is there, but gimmie).

b) HIPAA should have kept me out of that cabinet and my grubby hands off other people's DVDs, I don't care if it was just names and the occasional copy of Finding Nemo. *Especially* because they had no real clue who I was other than some angry man who told them a name, a simple ID check would at least have verified my story.

c) Medicare requires data to be retained for 6 years for audit purposes (I googled, so blame it not me if I'm wrong). I'm sure the insurance companies have similar requirements but those would be contract law civil disputes. I'm guessing the consequence for medicare is worse than going out of business, but I don't know, IANAL and all that.

.

secret agent girl wrote: Go ahead and report it if you want--it still won't get you the data you want. Though it might feel good ....
I'm curious what you want to happen, given the situation and what's possible at this point.

Feeling good has nothing to do with it.
How about it makes them understand.... and they don't treat the next person this way? It could be someone you know or love.

How 'bout that?

I would be angry, too, about the runaround they gave you.

I would not file a HIPPA grievance, though. The tech seems to be the only person who really tried to help you. He shouldn't have let you go through the DVD cabinet. But starting up HIPPA would land him in hot water when he was the only one actually trying to help you.

I added the red emphasis:

0hammersmith wrote:
I end up going back to talk to the tech.

He seems to genuinely want to help, but is between a rock and a hard place... the same kind of situation I've been in a lot. "The last guy" made some decisions that weren't so smart and "they" haven't decided to spend the money to clean up the mess.

Right after I had my study they switched software that runs the studies or whatever. The new stuff is all there, backed up, on the server, blah blah, but that wasn't my stuff.

Then he shows me the crashed hard drives "thats all the old data, we keep it, just in case". But "they" haven't decided to spend the thousands of dollars to send the drives out for forensic fixing.

He does offer, there is another backup. A bunch of un-labeled burned DVD's in a cabinet. Somewhere. Probably in the new office.

I don't even have to say, because it's clear at this point. I want him to look. He offers to let me help. Really? Okay.

So an hour later, after flipping through a bunch of CDs and DVDs, mostly labeled, some not, and not in any particular order I have nothing. There was one labeled on the right date, but it wasn't me.

Our local hospital outsources their record keeping. Means you are not dealing with the local people but someone that is "invisible".

I tried a couple of years ago to get copies of the detailed report -- not the raw data -- but the one like JNK talked about. It should be several pages long and not just a summary (which I already have). I contacted the sleep doctor's secretary (or whatever she is called). He is on staff at our local hospital, which runs the sleep lab. I never met him nor talked to him -- he just sent the stuff to my primary care doctor that had ordered the sleep study. All my primary care doctor received was the 2 page summaries from both sleep studies (initial and titration studies). I was told the local hospital doesn't keep any of their records but it is all outsourced to another source that is located out of state. I signed releases, made my requests in writing explaining what I wanted and why (for my own medical records), etc. -- I did this numerous times only to keep getting the 2 page summaries each time. After a half a dozen tries I gave up. It was costing me more in time, effort, stress, etc. than I wanted to spend.

secret agent girl wrote:
I'm curious what you want to happen, given the situation and what's possible at this point.

Primarily, I want my data, it's still well within the realm of possibility, although, potentially expensive.

Secondarily, I want them to fix the problems, while not issues with the current system, are still issues.

Thirdly, I want them to treat people better, in general, because this has been a six year ordeal for me. The only reason I stuck through is because I'm particularly stubborn and my apena is so bad that even a half broken fix is a huge improvement.

How many people with somewhat minor apnea are still walking zombies because "the CPAP didn't work". Heck my Mom is one of them. She couldn't use the machine and gave up. No one helped her "fix" it. I guarantee she didn't know she was supposed to maintain things and replace parts and could switch masks up and ... ... ...

These people should be doing their jobs not disenfranchising a whole category of people suffering from a perfectly treatable medical problem.

GumbyCT wrote:

secret agent girl wrote: Go ahead and report it if you want--it still won't get you the data you want. Though it might feel good ....
I'm curious what you want to happen, given the situation and what's possible at this point.

Feeling good has nothing to do with it.
How about it makes them understand.... and they don't treat the next person this way? It could be someone you know or love.

How 'bout that?

hear hear!

rested gal wrote:I would be angry, too, about the runaround they gave you.

I would not file a HIPPA grievance, though. The tech seems to be the only person who really tried to help you. He shouldn't have let you go through the DVD cabinet. But starting up HIPPA would land him in hot water when he was the only one actually trying to help you.

I added the red emphasis:

I hear ya, and I agree. I definitely don't want to get the guy who's trying to make it better, sacked. I imagine he's been trying to "get them to pay for those drives" for years now.

But what can I do that's both constructive and productive that's not "let it go"?

ohammersmith wrote: But what can I do that's both constructive and productive that's not "let it go"?

God knows I've dealt with my share of incompetent medical staff. But I believe you'll make a better case if you forget about what the records clerk did or didn't do, whether the tech should or shouldn't have done what he did or who called whom and how they got your number. And most of all, forget about what you should be (e.g., pissed or furious) and figure out what you should do. Based on your statements, it appears that the issue is straightforward:

1) The facility is required by law to keep your medical records for X number of years.
2) The facility is required by law to provide those records to you within Y days of a duly completed request.
3) You have not received your records despite having requested them.

Fix that problem and not only will you have dealt with your personal issue but you will probably have paved the way for others to get what they need as well.

TooGroggy wrote: 1) The facility is required by law to keep your medical records for X number of years.
2) The facility is required by law to provide those records to you within Y days of a duly completed request.
3) You have not received your records despite having requested them.

Fix that problem and not only will you have dealt with your personal issue but you will probably have paved the way for others to get what they need as well.

That sounds good!

And you wouldn't have to even mention the DVD cabinet or the tech, ohammersmith.

Kill several birds with one stone, while sparing the helpful songbird. ( Not that I'd ever kill any real birds! )

rested gal wrote:

TooGroggy wrote: 1) The facility is required by law to keep your medical records for X number of years.
2) The facility is required by law to provide those records to you within Y days of a duly completed request.
3) You have not received your records despite having requested them.

Fix that problem and not only will you have dealt with your personal issue but you will probably have paved the way for others to get what they need as well.

That sounds good!

And you wouldn't have to even mention the DVD cabinet or the tech, ohammersmith.

Kill several birds with one stone, while sparing the helpful songbird. ( Not that I'd ever kill any real birds! )

I do believe that "TooGroggy" has nailed it. Pave the road ahead.

ohammersmith wrote: Should I be pissed or furious?

It Depends.