Dr. Alamir was responsible for conducting a geriatric psychological test last month on my 91-year old mother. The results are to be used for a competency hearing, and my mother wants to see her test. Given that she no longer drives, my mother called Dr. Alamir's office and asked that her medical records be released so she could evaluate them. They refused. Kathy, Dr. Alamir's office manager, cited HIPAA regulations and insisted my mother make a written request. This strict interpretation of HIPAA created a barrier for my mother to attain her records in a timely manner, and I explained this to Kathy, but she was unsympathetic.
Despite the fact that my mother has limited access to transportation and does not use a computer, Kathy then insisted that my mother fill out their designated office medical release form rather than merely writing a letter with the relevant release information. I had to have Kathy email me the release form and then send it to my mother's caretaker who received it on July 20, 2016. My mother managed to get the forms filled out, signed them, and then had them delivered back to Dr. Alamir's office on July 24, 2016 by her caretaker. Regardless of the signed form, Kathy still refused to release the records, this time saying that Dr. Alamir is now on vacation. Kathy contends that my mother's medical records will not be released until Dr. Alamir gives his permission, which apparently cannot or will not be given while he is on vacation.
When I explained that my mother has the right to receive her medical records in a timely manner and that the office is creating a hardship for her, Kathy again refused to release the records and cited their "office policy" of non-release until the doctor gives his permission. This is of course completely irrelevant to HIPAA, and seemed like a stalling tactic. I told Kathy I would file a complaint; she said, "We have nothing else to talk about," and hung up the phone.
This doctor is acting in disregard for a patient's welfare; he is unresponsive, and he is using HIPAA and his own arbitrary office policy as excuses to detain my mother's medical records. Moreover, all this stalling makes it seem that Dr. Alamir may be deliberately drawing out the process of releasing the medical records so my mother does not have time to challenge the results of his testing. I have tried to reach him repeatedly to rectify this situation, but he remains unresponsive. read more