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Witholding test results for non-payment of medical bill

Witholding test results for non-payment of medical bill

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Old Jun 22nd 2018, 8:25 pm
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Default Witholding test results for non-payment of medical bill

We have an ongoing dispute with a medical provider which means we're withholding payment for the moment (long story, complicated billing between multiple parties). Anyway, the doctor is refusing to hand over test results because of non-payment. As far as I can tell this is a HIPAA violation but cannot find a quotable source - assuming it really is a violation. Any ideas please?
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Old Jun 22nd 2018, 8:49 pm
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Default Re: Witholding test results for non-payment of medical bill

Originally Posted by GeoffM
We have an ongoing dispute with a medical provider which means we're withholding payment for the moment (long story, complicated billing between multiple parties). Anyway, the doctor is refusing to hand over test results because of non-payment. As far as I can tell this is a HIPAA violation but cannot find a quotable source - assuming it really is a violation. Any ideas please?
Although it doesn't reference HIPAA, according to the attached a physician must allow a patient to view and receive their medical records within 5 days of receiving the patient's written request to do so Medical Records - Consumers Medical Board of California The link also provides information on how to make a complaint to the Medical Board of California if the physician doesn't comply.
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Old Jun 23rd 2018, 1:50 am
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Default Re: Witholding test results for non-payment of medical bill

Thanks. I gave them a ring but he said it's more of a Department of Managed Health Care thing - but glad you gave me a starting point. Both are new to me!
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Old Jun 23rd 2018, 1:38 pm
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Default Re: Witholding test results for non-payment of medical bill

Try filing a complaint with the CA dept. of health.
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Old Jun 23rd 2018, 5:01 pm
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Default Re: Witholding test results for non-payment of medical bill

It is a HIPAA issue. You have a right to your medical records. The following links may help.

https://www.hhs.gov/hipaa/for-indivi...rds/index.html

https://www.hhs.gov/sites/default/fi...accessmemo.pdf

Last edited by DebzinUS; Jun 23rd 2018 at 5:05 pm.
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Old Jun 23rd 2018, 6:07 pm
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Default Re: Witholding test results for non-payment of medical bill

Obviously a bit of a pain/expense but I'd imagine a letter from a well-versed medical attorney would resolve things fairly quickly.
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Old Jun 23rd 2018, 11:24 pm
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Default Re: Witholding test results for non-payment of medical bill

I work in a hospital - I can ask where you stand on this I know our billing team well.
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Old Jun 24th 2018, 5:01 pm
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Default Re: Witholding test results for non-payment of medical bill

Thanks all. Yes please, notaclue.
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Old Jun 24th 2018, 5:10 pm
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Default Re: Witholding test results for non-payment of medical bill

For me and I realise this may not be practicable but I would be more concerned with my treatment if a medical doctor is focused on release of result due to administration it would not seem that he has his or her priorities in the right place? I would be questioning the treatment I received? Particularly if the Dr is trying to make some beauracratic point through your treatment results. And I for one would not want to be arguing or sending letters from a medical attorney to my Dr as has been suggested. Doesn't bode well for the trust relationship...
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Old Jun 24th 2018, 5:11 pm
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Default Re: Witholding test results for non-payment of medical bill

Originally Posted by vikingsail
For me and I realise this may not be practicable but I would be more concerned with my treatment if a medical doctor is focused on release of result due to administration it would not seem that he has his or her priorities in the right place? I would be questioning the treatment I received? Particularly if the Dr is trying to make some beauracratic point through your treatment results. And I for one would not want to be arguing or sending letters from a medical attorney to my Dr as has been suggested. Doesn't bode well for the trust relationship...
For unrelated reasons we go elsewhere now.
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Old Jun 24th 2018, 5:15 pm
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Default Re: Witholding test results for non-payment of medical bill

Originally Posted by GeoffM
For unrelated reasons we go elsewhere now.
Ahh I see. So historical records? HIPAA is definitely your friend.

https://www.hhs.gov/hipaa/for-profes...ess/index.html
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Old Jun 30th 2018, 9:32 pm
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Default Re: Witholding test results for non-payment of medical bill

Originally Posted by GeoffM
We have an ongoing dispute with a medical provider which means we're withholding payment for the moment (long story, complicated billing between multiple parties). Anyway, the doctor is refusing to hand over test results because of non-payment. As far as I can tell this is a HIPAA violation but cannot find a quotable source - assuming it really is a violation. Any ideas please?
He or she has no right to withhold anything from you, healthcare charges are not allowed to stop you receiving treatment or test results. Try and get legal help if you can. I am a cancer patient and my medical bills are now over a million dollars, I have not a cat in Hell's chance of ever paying them and have been told by my amazing doctor to not even worry about them, it seems medical costs are not supposed to have any effect on your credit history either, even if they show up at first they will be either ignored or removed later. Tell the doctor you will seek legal advice.
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Old Jun 30th 2018, 10:03 pm
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Default Re: Witholding test results for non-payment of medical bill

At the moment I'm waiting for a response from HHS and from my (former) insurer. The latter is a necessary procedure before I can file with the California Department of Managed Health. I just need to hold them off while this happens. If they decide to turn it over to a debt collector then I'm hoping that said debt collector will back off once evidence of ongoing investigations is presented - it worked last time I had a similar* issue.

* Wrong doctor saw me without my permission, bait and switch. 15 months before they cancelled the debt but debt collector was informed of complaint and backed off.
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