HealingWell
Search Close Search
☰

Anyone get subpoena for medical records against your LLMD?

Support Forums
>
Lyme Disease
✚ New Topic ✚ Reply
❬ ❬ Previous Thread |Next Thread ❭ ❭
Posted 7/21/2010 8:33 PM (GMT -5)
Hello All,
I've been subpoenaed for release of my medical records from the Medical Board of California. The letter says nothing regarding the intent of use.

Obviously, I'm left to assume that my insurance company is tired of paying what little they do pay and have decided to file a complaint against my LLMD.

Does any one know if I have the right to refuse disclosure of my records? I've tried to do some research on the HIPPA website, but it was too mind-boggling.

My continued prays for all of us!!

Lisa
Posted 7/21/2010 9:11 PM (GMT -5)
WOW, Lisa --- I am not sure about this, but I do believe they do not have a right to your medical records. Technically, those records belong to the Dr.

Anyone have a 'privacy disclosure' that you have to sign these days for every Dr?

I believe I would refuse and if they make threats, then I'd try just a consultation w/ an attorney (save some $$). And if the attorney advises they have no right to these records, then I would not only let that stand, I would threaten w/ a lawsuit.

I am not positive, but I believe they are in the wrong, yet trying to make you believe you must release these.  I do not believe you should have to, unless it would be you suing the doc.

I stand to be corrected and as screwed up as this is, am anxious to hear more follow up on this.  Demanding that a person testify against their DR, or provide PERSONAL records and documents in order to incriminate him, seems to me, completely outlandish and not within their rights.

Posted 7/27/2010 5:31 PM (GMT -5)
Thanks for your comments.

Yes I would really love to tell them where to go jump off, but I guess I need to look at this as an invitation to educate the knuckle-heads a little bit on Lyme. I know I'll probably speaking to deaf ears. But gotta try.

Anyone else have any experience with this?

Lisa
Posted 7/27/2010 6:14 PM (GMT -5)
I have a question for you though. Why would you want to give them ammunition to go after your doctor? You won't educate these people. They aren't interested in being educated or doing what's right. They are only there to keep doctor "in line".

I have a friend who has Lyme who is constantly bugged by her state health department and asked why she's still on antibiotics and when is she planning on come off them etc. Why the heck should they care.

It would be a cold day in hell if I ever gave this kind of info to anyone. I would've told my board of health to you know what.

Maybe someone can give me a quick explanation why Lyme is so controversial and why these doctor are hounded to an inch of the life. I do not get this at all.
Posted 7/27/2010 7:12 PM (GMT -5)
Lyme is such a big controversial deal because of Insurance companies!!!! It's all their faults. They started the whole negative campaign against the very existence of Chronic Lyme disease because they don't want to have to pay for the years worth of treatments involved. So it's all about greed. Not whats good for the individual.

State medical boards only get involved with Lyme doctors when an insurance company files a complaint. Then the board has to investigate.

BP I totally agree with you about not handing over my medical records. I'm a nurse and have seen what can happen. The last people I want to have access to my medical records is any insurance company. I was hoping that someone might know if the medical board really does have the legal rights to take action against me that they say they do if I don't hand over my records. What actions if any has your friend had to take?

BTW - as of right now, most Life Insurance Co.'s don't really understand the lifelong health problems that someone with Lyme has. As soon as you've been off of all Lyme med's for at least 6 months......Get Life Insurance!!!! and make it at least a 1 million dollar policy. With the more research that's going into Chronic Lyme the sooner these Insurance companies are going to start changing their exemption guidelines to qualify. So get it while you still can! Even if you're only 25 y.o. You may not get the chance in 5 or more years from now.

And no, i don't really think that I'd get through to their heads, but I still have to try.
Posted 7/27/2010 9:22 PM (GMT -5)
LuperRn, that's good advice about the life insurance. I did not know the wait was only 6 months. Last winter I tried to get long term care insurance and was turned down because of the Lyme. I was told that after two years of no abx and with negative tests for Lyme and coinfections I could reapply. So I'd only add that if you have LTC insurance now, if at all possible, hang on to it. If you haven't yet been diagnosed, it may be a good idea to look into getting insurance before pursuing a professional diagnosis.

Rose
Posted 7/27/2010 9:27 PM (GMT -5)
Rose, I totally agree.

We got my husband life insurance a few months back. I'm pretty sure he's a lyme carrier but not diagnosised. So we thought we better get insurance for him while we could still claim ignorance.

Sorry to hear about the LTC denial. I guess every insurance company's going to have it's differences. I'd try again when you can though. Maybe try different companies??

Lisa
Posted 7/28/2010 10:38 AM (GMT -5)
I can't comment on anything legal, but something seems strange here. First of all, I've seen several cases of this in California. Is the California medical board going on a witch hunt? I'm also not sure under what authority they can subpoena your records. Why would they send the subpoena to you anyway? The doctor's office is the one who has the records, not you. It seems that if they had court authority, they'd send the subpoena to your doctor, and he/she would be forced to hand over the records. It doesn't make sense to me.
Posted 7/28/2010 12:51 PM (GMT -5)
Thanks for the explanation. I had no idea but it sure makes sense, that it's all about the insurance company.

You know, IH8Ticks makes total sense. Why are they asking you for your medical records. Even if you have copies of all the labwork ever done, you don't have the complete file. Just tell them you don't have anything. Doctors are so protective of your medical records, they don't even like us to have labwork copies, why would anyone think you have your medical records. Makes no sense. I swear, they wouldn't get so much as a how-do-you-do from me.
Posted 7/28/2010 12:57 PM (GMT -5)
I just heard back from a friend who is a lawyer. I asked her. Keep in mind she is not a malpractice attorney and we are not in California but maybe this will give you a snippet of info. Not sure if it's of help at all.


She says:
You can be sanctioned for not responding to a valid subpoena. That being said - it usually takes a few times to actually be sanctioned. And I am not familiar with HIPPA laws/standards so I am not sure which filings in which courts have the authority to issue a subpoena.
Posted 7/28/2010 2:13 PM (GMT -5)
If it was me, I'd refuse to submit my medical records and do everything possible to protect my LLMD. What are they gonna do, throw somebody in jail for refusing to release the records? I'd fight it, tooth & nail.
Posted 7/28/2010 4:18 PM (GMT -5)
Another update from my lawyer friend.

She says:
medical insurance providers are not allowed to report these issues to the state boards (that would be a conflict of interest). Malpractice insurance providers must report these issues to the state board. So the complaint must have come from somewhere else. Another patient probably complained, and now the board is gathering records from additional patients, including your friend, to see how this doctor is treating patients.
Posted 7/28/2010 5:53 PM (GMT -5)
wow, great info. thanks so much for asking your lawyer friend !!!

I've put a call into the person dealing with this case at the medical board, but of coarse I've only gotten as far as voice mail.

I do plan on NOT complying. I don't trust that my medical info will not some how be seen by the insurance company or even malpractice lawyers.

I guess I should call my LLMD and ask her lawyer to deal with it. My brain feels like it's going to explode right now.

thanks again!!
Lisa
Posted 7/28/2010 10:32 PM (GMT -5)
I wonder if somehow giving your medical records to any "extra" people would come back to bit you. Anything involving lawyers and insurance companies can't turn out well.
Posted 7/29/2010 7:07 AM (GMT -5)
I went to a support group the other night in my town. one of the speakers was a veterinarian. he told us that there was not a problem with vet med like there is with human med. vets just treat lyme if it is suspected. no controversy. he said he didn't know why that was. I said its because they don't have to deal with the insurance companies. yup that's probably it. probably? of course that's it. what else could it be? money. its all about money.
✚ New Topic ✚ Reply