You may not withhold a copy of the patient’s medical record until the patient makes a payment on the account.
The medical record is separate from the patient’s financial
account. Provide the patient with a copy of his medical
record.
You can find this rule in your state regulations. For
example, the Texas State Board of Medical Examiners
has a rule on this. And the American Medical Association’s
Council on Ethical and Judicial Affairs says “medical reports
should not be withheld because of an unpaid balance
for medical services.”
If the patient does not pay a past-due balance, your office
could discharge the patient. The reason: The patient failed
to follow the office’s financial policy. If you do this, you
must inform the patient in writing about the termination.
Give the patient time to find another provider and continue
to provide emergency care to the patient, if necessary,
for that time frame.
Overall, the physician is required to provide ample
notice to the patient when breaking the physician patient
relationship.
Many physician offices have a policy on this. They transfer
the medical record directly to another provider,
instead of giving it to the patient.
This process protects the physician’s liability in case
the patient, without the physician’s knowledge, alters
or loses part of the record. In this scenario, the new
provider could receive an incomplete record for follow-up
and could potentially compromise the new
patient’s care.
You may copy the medical record, transfer the copy
to another provider at the patient’s written request, or
charge the patient for a copy based on state guidelines.
Some states allow you to charge a flat fee, plus fees for
postage, but check with your state first for updated
regulations.
If the patient is financially noncompliant and unwilling
to work out an arrangement, dismiss or terminate the
patient from the practice.
