The Desk: Your medical records are yours, but you have to ask

“I look at my chart on a regular basis… and every now and then I find an error,” said Chris Apgar, a former HIPAA compliance officer.

Jim Mead opened the paper one morning late last year to read that his doctor’s license had been revoked by the state for improperly prescribing pain medications.

A few days later, the Beaverton man realized he’d better request his medical records, as he’d need a new osteopath. But he soon found the doctor’s office was cleared out, phones were disconnected and

“I look at my chart on a regular basis… and every now and then I find an error,” said Chris Apgar, a former HIPAA compliance officer.

Jim Mead opened the paper one morning late last year to read that his doctor’s license had been revoked by the state for improperly prescribing pain medications.

A few days later, the Beaverton man realized he’d better request his medical records, as he’d need a new osteopath. But he soon found the doctor’s office was cleared out, phones were disconnected and registered mail was returned with no forwarding address.

Health record checkup

An increasing number of health care providers will be making your health records more accessible soon, and consumer experts offer the following tips on how to use that right safely.

Annual exam: Request a complete medical file, then follow up in later years by asking for any additions. Then, carefully check listed prescriptions, dosages and allergies. And be sure the file is complete.

Head to toe: Aim for a complete rundown of your health by requesting records from specialists, such as cardiologists, dermatologist, even your dentist.

–Laura Gunderson

“Every single medical record the guy had wasn’t there; the office was completely empty,” said Mead, who then set out on an unsuccessful venture to seek help from the Oregon Medical Board, which had taken the action against his doctor.

“I find them responsible for this situation,” he said. “If you’re going to take a guy’s license away, then you should create some form of an escrow to hold those patients’ records.”

If only life were so logical.

The seemingly all-encompassing Health Insurance Portability and Accountability Act, or HIPAA, requires only that doctors provide your health records when you ask. There’s no requirement that they make sure those records get to you if they close shop.

In fact, records can disappear for far more mundane reasons.

Many clinics dump inactive records after seven years. Files are transferred from one doctor to another, but only with the most recent information. And doctors simply retire, a move probably on the horizon for the fleet of baby boomer physicians.

Even providers who buy others’ practices and inherit old files aren’t required to give them to patients (though most do). And it’s interesting to note that any provider that’s made a conscious effort to avoid digital transactions or claims isn’t covered by HIPAA at all.

Yet a number of new options are becoming available for consumers to help them avoid Mead’s medical record MIA.

Chris Apgar, president of Apgar & Associates in Portland and a former HIPAA compliance officer for Providence Health Plans, said he requests his health records every year from his various doctors. Some doctors charge for the service, but there’s a limit. In Oregon, clinics are limited to $30 for copying 10 or fewer pages of written material. For 11 to 50 pages, they can charge no more than 50 cents a page; that drops to 25 cents for pages over 50.

To cut costs, Apgar recommended asking for a full record once, then request only changes in following years.

As of Monday, a new law requires that if a health care provider stores your data electronically, it must provide it to you digitally too, whether that’s through a secure email or on a storage device.

That, of course, makes some patients feel nauseated. Yet much like consumers’ concerns about online banking, accessing and using digital health records will become more common and can actually provide more consumer protection.

“I look at my chart on a regular basis,” said Apgar, referring to the patient portal that allows him access online. “I check to be sure things are correct out there, and every now and then I find an error. Prescriptions listed have been wrong or the prescriber is wrong, things that can be harmful to me if I wind up in the emergency room.”

Not only is that helpful for a consumer, but also a potential lifesaver for an adult child trying to care for ailing parents across town, or across the country.

Patient portals vary, yet some offer a way to send a question or an update to the doctor, or to see lab results on a Saturday morning instead of having to wait for the clinic to open on Monday.

Most large hospitals that sought financial help to get their records online must do so by Oct. 1. Other health care providers have until Jan. 1.

Now, back to those folks freaked out by the idea of health records floating around on the Web. It’s smart to be concerned. However, just as with online banking, it’s possible to make your life more convenient and safe.

Experts recommend changing your passwords on such sensitive accounts regularly and to be careful whom you let see your passwords. Apgar also recommends asking doctors or hospitals what they’re doing to keep your information secure.

Mental health professionals in Oregon have worked to appoint guardians of their records, yet the same hasn’t been mandated within the medical field. Still, says Kathleen Haley, executive director of the Oregon Medical Board, her licensing group can help patients locate records after a doctor’s license has been pulled. She said a staff member also assists patients who are struggling to get records transferred from one doctor to another. (Call the board at 971-673-2700)

“Our mission is patient stafety,” she said, “and we do consider access to records part of that.”

Haley might even be able to help Mead, she said, as the group has been working with his doctor’s lawyer to reunite other patients with their missing records.

Have a complaint? Contact Laura Gunderson at The Desk or on Facebook.

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