Hi Everybody (newbbie questions....)

JustDiagnosed,
Like you, I also have a deviated septum. One thing that has worked for me is Flonase nasal spray. I use saline spray throughout the day but when I lay down my nasal passages seam to swell up. I don't have any known allergies but laying down causes them to swell and restrict my breathing. My ENT wanted to operate but I said I wasn't ready for that yet. He eventually gave me a prescrip. for Flonase (there are other nasal sprays to) to use. I use this about a half hour before going to bed and it manages to keep my nasal passageways open all night. This is just one more thing to consider.
Good luck.
Ken

if she gives you any more of that nonsense, just inform her that the current law is that she must release any test results to you. you may have to sign a request for release to you,and you may have to pay a reasonable copying cost for a lengthy document, but she has to give it to you. it's not the doctor's decision to make. medical records law has progressed a bit since 1950, you might inform her.

caroline

woozle wrote:Was wondering how I get my results from the study? I was told to schedule an appointment with my doctor a few days after being on the cpap machine, which I will do. So at that appt. should I ask for a copy? and shouldn't they just give it to me? just wondering how others obtain this w/ out a hassle.

(some of this applies to California law, but most of it is Federal:)

1. What laws allow me to review, get copies of, or amend my health records? Both federal law and California law allow patients to review, receive copies of, or ask for amendments of, their health records. The federal standards are contained in The Health Insurance Portability and Accountability Act (HIPAA) privacy regulations.

2. How can I obtain access to my records?
You or your authorized representative must make a written request to inspect and/or to receive copies of your records. H&SC §123110(a), (b). A request for copies must specify the records to be copied. H&SC §123110(b).

3. Are there time limits for compliance with a request to review and/or receive copies of health records?
Yes. The health care provider must allow access to the records during regular business hours within five (5) working days after receiving the written request. H&SC §123110(a). If you or your authorized representative makes a request for copies of all or part of a file, the health care provider must transmit the copies within fifteen (15) days after receiving the written request. H&SC §123110(b).

4. Is there any limitation on a patient's right to access his or her mental health records?
Yes. Both HIPAA and California law place some restrictions on access to mental health records. The particular limitations depend on whether or not the records are psychotherapy notes. Psychotherapy notes are notes by a mental health professional from a private counseling session or a group, joint, or family counseling session and that are separated from the rest of your medical record. 45 C.F.R. § 164.501.

(skipped some stuff here, but you can look it up, see URLs below)

14. What can a patient or patient's representative do if he or she is denied access to the patient's records?
You can file a complaint with the medical services provider. A provider must have a complaint process under HIPAA. 45 C.F.R. 164.530(d).

Complaints for violations of federal HIPAA privacy regulations, which occurred after the effective date of the regulations on April 14, 2003, can be filed with the federal Department of Health and Human Services Office for Civil Rights (OCR). 45 C.F.R. § 160.306(a). The address is Office for Civil Rights, Department of Health and Human Services, 50 United Nations Plaza, Room 322, San Francisco, California 94102, Voice Phone (415) 437-8310. FAX (415) 437-8329. TDD (415) 437-8311. OCR can provide you with a form for filing a complaint. The complaint form can also be found on the internet at http://www.hhs.gov/ocr/privacyhowtofile.htm. Complaints must be filed in writing within 180 days of the date you knew or should have known of the violation. 45 C.F.R. §§ 160.306(a), 160.306(b)(3). The complaint must name the provider that is the subject of the complaint and describe the acts or omissions that violate the regulations. 45 C.F.R. § 160.306(b)(2). OCR can impose civil and criminal fines, but cannot award money damages to an individual. 45 C.F.R. §§ 160.506, 508. Additional HIPAA information can be found at http://www.hhs.gov/ocr/hipaa/.

A provider may not retaliate against you for exercising your rights under HIPAA. 45 C.F.R. 164.530(g).

A health care provider who willfully violates the California Health and Safety Code requirements may be subject to penalties, including but not limited to a $100 fine and licensure suspension or revocation. H&SC §§123110(i) and (j). In addition, a patient, or a patient’s representative may sue for access to the records. H&SC § 123120. The prevailing party is entitled to costs and reasonable attorneys’ fees.

You may also sue for actual damages if a licensed provider who went out of business abandoned your records. H&SC § 123145(b). (Providers who go out of business must keep records for a minimum of 7 years and at least until an individual turns age 19. H&SC § 123145(a)). Violations of the California statute and the federal HIPAA privacy regulations might also give rise to a negligence action against a provider for money damages because the statute and regulations establish a duty of care on the part of medical service providers.

http://www.pai-ca.org/OPR/PRAT2005/Acce ... ec2003.htm