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(PHYSICIAN & HOSPITAL)

Residents and their representatives often need to see or get copies of their records held by hospitals, nursing homes, and physicians. At times, records are needed for insurance claims, to give to new health care providers, or just to get needed information. There are ways to get these records.

Yes. Under Michigan law, everyone has a right to examine and get copies of their medical records from their doctor or hospital and all records held by a nursing home. There are two sources for this right. The sources are Opinion No. 5125 of the Michigan attorney general, issued on May 30, 1978, and the Michigan Public Health Code which regulates hospitals and nursing homes. While the doctor, nursing home or hospital "owns" the patient’s medical records, a patient has a right to the information they contain.

The easiest way is to simply ask the doctor or charge nurse to see the records. Sometimes it may be best to schedule an appointment when the records can be conveniently provided. If you only want to see a part of the records, a particular order from the doctor or the discharge plan, it is best to ask only for that specific information.

Again, the best approach is to ask first. Requests to see or get copies of medical records should be made during normal business hours and should not interfere with the health care being provided. The doctor, hospital, or nursing home is allowed to charge a "reasonable fee" for copying. Generally, the fee is 10 cents a page but may be more expensive, particularly for hospital and doctor records. Therefore, you may only want to copy parts of the records.

A nursing home may require you to put the request for copies in writing. A nursing home resident can also give a written authorization for someone else to look at and copy records. Medicare and Medicaid certified nursing homes must let you review records within one business day of our request or purchase copies of records within two business days of a written request. Private nursing homes have a week to meet your written request to review or copy records.

Most hospitals and nursing homes will give their patients access to their records. However, some may refuse. When a nursing home or hospital refuses to grant access to records, a formal complaint against the hospital or nursing home can be filed with the Michigan Department Bureau of Health Systems (MDBHS). Citizens for Better Care have another Fact Sheet that explains how to file a complaint.

The department will conduct an investigation, generally within 30 days, and will respond with a written report of its findings. The department can order the hospital or nursing home to give you copies of the records. Also, the department can evaluated whether the fee charged for copying the records is "reasonable."

If a doctor refuses to comply with the Attorney General’s Opinion, you should get help from a lawyer. The lawyer will probably begin with a letter or telephone call to the doctor. If the doctor still refuses to provide copies, a court must be asked for an injunction. An injunction is the court’s way of making the doctor allow access to your records.

Yes. When a nursing home resident names a "patient representative" that person has the same right to look at and copy nursing home records as the resident. Also the resident’s guardian and conservator (who are appointed by the Probate Court) can look at and copy records.

Yes. The Michigan Public Health Code says that after a nursing home resident’s death, "a relative" may look at the resident’s records. The same process described above should be followed to obtain access to the records.

Rev: 98, 99, 10/020, 04/04