The new physician is also bound by the doctor-patient privilege so in
general you should feel your information will remain confidential (I
know, I know, there are always going to be exceptions...). Plus, I know
I'd rather have my medical record sitting in the office of a practicing
physician instead of in a self-serve storage unit somewhere or in the
retired physician's garage.
If a single physician has been in practice up to the point of
retirement, she may have thousands of records for patients who are still
active - as well as for those she saw only once for a minor
episode/patients who changed physicians/moved away/died. While many
physicians mail announcements regarding their retirement and the new
physician taking over, it is often impossible to reach every patient -
and some patients ignore the announcements until they get sick and go
for treatment.
And no, even if the record belongs to the doctor, she can't just do what
she wants with private and confidential information. State and Federal
laws (like HIPAA) apply.
Liz Allan, RHIA
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Steve Morgan
Sent: Friday, May 15, 2009 12:43 PM
To: [log in to unmask]
Subject: Re: [RM] Fwd: Re: [RM] RAINdrip: When Google turns to
Gobble-Gobble...
In my opinion doctors should ask their patients, first. I would think
that the doctor patient privilege should be honored. I never would have
asked the doctor to share my information with someone else (even another
doctor). Also, who says I chose the physician the practice is being sold
to? I have had that happen 2 times, in my lifetime, and I picked a new
doctor. I did not go with who bought the practice. That should be MY
choice. Even if the record belongs to the doctor, he can't just do what
he wants with private and confidential information, without a waiver of
some sort, can he?
Steven D. Morgan
Records Manager, C.J. Segerstrom & Sons
Costa Mesa, CA
714.438.3228 Phone
714.546.9835 Fax
Information is the currency of democracy. (Thomas Jefferson)
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Allan, Liz
Sent: Friday, May 15, 2009 12:34 PM
To: [log in to unmask]
Subject: Re: Fwd: Re: [RM] RAINdrip: When Google turns to
Gobble-Gobble...
All very interesting articles, though I must point out that they mostly
address pharmacy/insurance company/drug company practices of buying and
selling prescription information - and physician outrage at these
practices - as opposed to physicians selling entire medical records
which is what your original post seemed to imply: "It is very normal
for a retiring doctor or clinic to "sell" medical records." And while
some physicians may be guilty of selling records, I think you paint the
profession with a very broad brush.
Yes, the selling of a private medical practice involves the transfer of
patient records to the physician taking over the practice. Would you
have the new physician treat the patients without any history? Or go
ahead and order all new tests to establish a baseline for continuing
treatment? Patients have a right to change physicians and obtain a copy
of their complete medical record to take to their new provider, but the
original hardcopy (or electronic) record belongs to the provider. It
is, in effect, the business record for the practice.
Liz Allan, RHIA
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