Can a Radiology Provider Legally Withhold My MRI Results Until I Pay My Bill?

Question from stan, Can a Radiology Provider Legally Withhold My MRI Results Until I Pay My Bill?

Answer from AI:

In general, healthcare providers in the United States, including radiology providers like Rayus Radiology, are required by law to provide patients with access to their medical records, including MRI results. This is mandated by the Health Insurance Portability and Accountability Act (HIPAA). However, the specifics can vary depending on the circumstances, and there may be exceptions.

HIPAA and Patient Access to Medical Records

Under the HIPAA Privacy Rule, patients have the right to inspect, review, and receive a copy of their medical and billing records held by health plans and healthcare providers. This includes MRI results.

However, HIPAA does allow providers to charge a “reasonable, cost-based fee” for providing copies of records. If you have not paid for the cost of copying the records, the provider may be able to withhold them until you do.

Information Blocking

The 21st Century Cures Act, which came into effect in April 2021, introduced rules against “information blocking”. Information blocking is a practice where a health IT developer, health information network, health information exchange, or healthcare provider interferes with, prevents, or materially discourages access, exchange, or use of electronic health information.

However, it’s important to note that the rules against information blocking primarily apply to electronic health information, and there are exceptions. For example, if a provider believes that sharing the information would be harmful to the patient, they may be allowed to withhold it.

What Should You Do?

If you believe your rights under HIPAA or the 21st Century Cures Act are being violated, you can take the following steps:

1. Discuss the issue with your healthcare provider or the person in charge of compliance at their office.
2. If that doesn’t resolve the issue, you can file a complaint with the U.S. Department of Health and Human Services’ Office for Civil Rights.

Remember, this information is general in nature and does not constitute legal advice. The specifics of your situation could change the applicable laws and regulations. Therefore, you should consult with a legal professional for personalized advice.