posted
Not that I'm trying to pass judgment or anything but what's up with the Medical laws?
I want to get a Western Blot Test done by Igenex, My insurance doesn't cover it of course because we use only LabCorp, ``don't get me started'' The lowest bidder, what a bunch of crap.
This is my problem, I pay for my Western Blot from Igenex out of my pocket, I order the kit, I take it to the doctor and convince them to draw the blood and spin it down, I bag it up and send it to Igenex. Then I find out the results ARE NONE OF MY BUSINESS. Apparently it's the law that I can't get my results, only my doctor can get them. Is this true? What the heck kind of laws are these? Do the insurance companies make the laws up so we don't have data, so it's harder to sue, when a quack doctor tries to kill you? I bet this has been talked about in the past here, Please hit me with some common sense.
Thanks
Spitz
Posts: 24 | From virginia beach va 23452 | Registered: Mar 2005
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robi
Frequent Contributor (1K+ posts)
Member # 5547
posted
call me Posts: 2503 | From here | Registered: Apr 2004
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treepatrol
Honored Contributor (10K+ posts)
Member # 4117
posted
Here's some help.
C. Right to Inspect and Copy Medical Information. Subject to certain limitations, you have the right to inspect and obtain a copy of your PHI. This includes most PHI maintained by PF, except for information compiled by PF in anticipation of legal proceedings. In addition, Virginia law prohibits PF from providing you with copies of your medical records if your attending physician or clinical psychologist has filed a written statement that your review of these records would be injurious to your health. If we are required for this reason to deny your request for access to your records, we will advise you at that time of your additional rights under Virginia law. Otherwise, if you wish to inspect and copy your PHI, you must submit a written request to PF's Privacy Officer at the address set forth above. You may also request a copy of your medical record at any PF center. PF may charge a fee to cover the cost of providing you with a copy of your PHI. PF is also permitted to deny your request to inspect and copy PHI under certain very limited circumstances. If we deny your request, you may (under most circumstances) request that the denial be reviewed by a licensed health care professional selected by PF. We will thereafter comply with the decision of the reviewing official. PF will respond to all requests for access to PHI under this paragraph within thirty (30) days by (i) providing the requested access and/or copies of the requested information; (ii) notifying you in writing of our denial of your request and the reasons for our denial; or (iii) notifying you in writing that we are not able to respond within 30 days and of the date on which you may expect a response.
This was taken from your states patient first laws.
HIPAA requires health care providers, health plans, and health care clearinghouse to allow you access to your medical records. Notices you receive from providers and plans must include information about how you can obtain copies of your medical records. http://www.privacyrights.org/fs/fs8-med.htm#B
Federal Law
[This message has been edited by treepatrol (edited 31 March 2005).]
Posts: 10564 | From PA Where the Creeks are Red | Registered: Jun 2003
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posted
Not sure who told you the results weren't available to patients.
If a lab told you this, it is correct. They can only give the results to the medical person who ordered the test. So, although I have to agree that this seems like a dumb law, don't blame the labs.
If a doctor would not give you the results of a test, that is a different thing altogether. You do have a right to see and get a copy of the results from a doctor.
Sometimes people come to this forum and ask to have test results explained. This is what happens sometimes when patients get copies of test results. They don't understand what it means or what to do about it.
This is why you need a good doc, who knows which tests to order, and what to do about the results. If you are working with non-LLMDs, they will probably not know what to do with the results or possibly not even know how to interpret them.
Think you have taken a good first step. Got any plans what to do with a positive result? When the result comes back, you should get a copy and then read, copy off the explanation of a western blot from this website.
Posts: 8430 | From Not available | Registered: Oct 2000
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TheCrimeOfLyme
Frequent Contributor (1K+ posts)
Member # 4019
posted
Take it from a paralegal at law.
Thats wrong information. You are entitled to those reports.
Who told you you werent?
Posts: 3169 | From Greensburg, Pennsylvania | Registered: Jun 2003
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treepatrol
Honored Contributor (10K+ posts)
Member # 4117
posted
quote:Originally posted by treepatrol: Here's some help.
::::::::::::::::::::::::::::::::::::::::::
[b]How do I get access to my own medical records?
HIPAA requires health care providers, health plans, and health care clearinghouse to allow you access to your medical records. Notices you receive from providers and plans must include information about how you can obtain copies of your medical records. http://www.privacyrights.org/fs/fs8-med.htm#B
Federal Law
[This message has been edited by treepatrol (edited 31 March 2005).][/B]
Posts: 10564 | From PA Where the Creeks are Red | Registered: Jun 2003
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posted
OK I'm settled down a bit now. Here are my answers.
Maybe I should explain better, the lab Igenex said they couldn't give me a copy of my results, even though their contract is with me they can only release the results to my doctor. I should say my doctor had very little to do with this other then draw the blood and spin it down for me. I don't think my doctor will have a problem giving me the results, I just wonder why I (the patient) cannot get a copy from the lab that I am paying out of my pocket.
Robi, thanks for the conversation
treepatrol thanks for your response, very good information, I will have a copy with me if need be.
lou, it is the lab that cant give the results, while under certain circumstances I might agree that the patient should be treated like a mushroom, "this isn't that time" I can tell you after the last two Neurologist I had I can read the Western Blot and comprehend more then they can possible hope to.
TheCrimeOfLyme it was Igenex, they said it wasn't legal to do, and I do believe them, my problem is why do we let the Government continue to take our rights away and treat us like sheep.
brodius thanks for your post, the patient bill of rights, forgot about that.
Thanks everyone, I had several opportunities to get on my soapbox and didn't, maybe Lyme is mellowing me out.
Spitz
Posts: 24 | From virginia beach va 23452 | Registered: Mar 2005
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posted
OK, just got worried that you were mad at the lab, when it wasn't their fault.
Picturing myself as a mushroom, but trying to practice my bah, bah, bah as a docile little sheep being guarded by the gov't regulations.
You are right to resent this, just kidding around as a mellow lymie. When I think too much about all the injustices there are, I can't sleep and my stomach churns. So I have to set up worry periods, then set it aside in order to cope.
Posts: 8430 | From Not available | Registered: Oct 2000
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liz28
Unregistered
posted
So far, Igenex has been superb about faxing test results to doctors on the spot. A week ago, I visited a new doctor, and faxed a request for test results to Igenex at the beginning of the meeting. They faxed it in about 45 minutes.
One idea is to print out several generic fax request letters. Then, wherever you are, you can just write in the name of the doctor you want the results sent to.
posted
Hi lou, worry periods, thats interesting, never thought of that, but I'm not much of a worrier. Remember, you are in charge of what you think about, make good decisions.
liz28 its good that Igenex faxes your results out very quickly but wouldn't it be better if you had a copy of your results to keep in a folder so all of the data is at your fingertips? I personally will scream when the next doctor tells me my results were abnormal, but doesn't want to tell you what abnormal means. I am getting very close to putting doctors on my list next to lawyers and used car salesman.
Spitz
Posts: 24 | From virginia beach va 23452 | Registered: Mar 2005
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posted
Spitz, someone...Igenex or my local clinic LOST my results for 4+ weeks!
So I called IGENEX to see what was going on. They had sent results 1 month prior to my DR. If I still hadn't heard fropm my dr. in 2 days, call again, "and we will send you a copy".
I jumped my dr. & blood lab...no one ever confessed that THEY were the ones sitting on my POSITIVE blood labs.
So when I suggest IGENEX, I tell folks...write FAX MY DR. RESULTS & snail mail paper copy also in case it's lost!
Also, my Iowa Bc/bs office does NOT have IGX on their approved labs either. But they will pay a little of the $180 cost.
I did special paperwork & they sent to BLUE CARD that handles the other 49 states. CLINIC failed to show drs. diagnosis code of IGX's form. So Calif. BS office sends IGX them my request and asks them to call my dr. to get the DX ICN code.
IGX does NOT get this info, and sends it back to CALIF. BS who then sends it to my local drs. office asking for DX code. They do NOT provide the dx code & send ALL back to me 6 wks. after I sent it in. I spent 2.5 hrs. on the phone trying to get things straightened out including talking to Calif. BS and Iowa's BC/BS office. They can NOT talk to me since I'm the patient! Talk about BS.
Bottom line, Iowa's BC/BS reimbursed me $43 for the bill. If IGX would have been in their approved labs, I would have gotten 80% back! What a lesson learned.
Bettyg
Posts: 1 | From US | Registered: Aug 2015
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posted
Whenever having lab work done I insist on my doc having the lab send me copies of the results. Their is usually a box to check right on the lab sheet or they can write it right on the lab sheet.
I often forget to ask for a copy at the docs office so this way I always get my copy for my records.
Posts: 561 | From connecticut | Registered: May 2004
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posted
bettyg I will stop complaining now, if I was in your situation I would have went postal, sometimes it seems that things that are so important to you and me like our health is such a small matter to someone else, even if you are paying that someone else. All, I can say is you are a better person then I am.
sofy good advice, I'm new at this being sick, I've got a lot to learn.
Thanks everyone. Spitz
Posts: 24 | From virginia beach va 23452 | Registered: Mar 2005
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posted
Lyme ED, common sense dictates that you should be correct, however Igenex told me it is against the law for them to provide me a copy of my results. They could only send the results to my doctor. Departures from common sense always ruffle my feathers.
If anyone wants to step in and correct what I was told that would be great.
Spitz
Posts: 24 | From virginia beach va 23452 | Registered: Mar 2005
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posted
From what I remember (remember w/ Lyme I don't remember much) but, under HIPPA every health care - patient care etc. org. - including Labs - MUST designate an employee at the facility who is called a "HIPPA privacy manager" - or something similar to that. That person, makes sures correspondence,files, procedures etc. are maintained to HIPPA compliance. You, as the patient have the right to notify that person, sign whatever release they have and get your results.
I believe there is only very special circumstances that would interfere with that - I will pull out my old stuff and look for it.
brodius
Posts: 78 | From connecticut | Registered: Jan 2005
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posted
HIPAA - sorry! - I have a long history of doing that!! Anyway, here are some of the exceptions: ...psychotherapy notes, information compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information....
And even those reasons are reviewable - and the privacy person would be the one to discuss that with.
Posts: 78 | From connecticut | Registered: Jan 2005
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posted
Not clear on the urgency for this result. You won't be able to do anything about it until you get a doctor that can interpret and treat. Maybe you should cut this lab some slack. They have enough on their plate already.
Posts: 8430 | From Not available | Registered: Oct 2000
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