Can my doctor sell my patient file back to me?

[GP_Matt]

So, I just got a letter in the mail from a company called Accudocs or something like that. It indicates that my doctor has closed his practice and was thoughtful enough to sell my patient file to them for my own benefit.

For the low price of $100 the company will send my file to my new doctor or scan the documents and put them online for my viewing.

This seems really sleazy. I was given no warning that he was closing his business and no opportunity to pick up the file myself.

Is your doctor allowed to sell your personal information? Can some third party hold my data even though I provided them no consent? If my health history is relatively boring is there any value in paying their ransom to get the information to my new doctor?

[Street Pharmacist]

Hmmm. Can't remember specifically from when I studied the jurisprudence exam, but you own that information, not your doctor. However, maybe they get around that by charging fees to distribute it?

[photon]

Had something similar when my doctor retired, though they were up front that there would be a fee. I never thought of the privacy portion, but given how many patients there are and each one will have a different new doctor I can see how transferring all those could be an administrative nightmare so getting it to a 3rd party who took care of it made sense.

Most doctors charge for stuff they can't bill the government for anyway, I didn't see it as any different.

Good question about the privacy though, must be because the company is a contractor to the doctor or something, same way someone who works in the doctor's office would have access to your files.

[troutman]

http://www.lawsociety.ab.ca/docs/def...e.pdf?sfvrsn=2

These duties are closely related to those regarding confidential information. A lawyer is responsible
for maintaining the safety and confidentiality of the files of the client in the possession of the lawyer
and should take all reasonable steps to ensure the privacy and safekeeping of a client’s confidential
information. A lawyer should keep the client’s papers and other property out of sight as well as out
of reach of those not entitled to see them.

Subject to any rights of lien, the lawyer should promptly return a client’s property to the client on
request or at the conclusion of the lawyer’s retainer.

[Hessen]

Maybe call the HIA desk?

<H4>Health Information Act

The Health Information Act (HIA) help desk can be reached from 8:15 a.m. to 4:30 p.m. (Monday to Friday, excluding statutory holidays) at 780-427-8089, or toll free in Alberta by dialing 310-0000 then 780-427-8089.

[GP_Matt]

He has been a pretty terrible doctor all around so I don't really like the idea of paying him to retire.

Last year he took a month long vacation and didn't bother to change his answering machine. He just taped a sign to his door saying that he would be back in September and let his mailbox fill up so when you called you got their normal hours and then a full mailbox.

[cracher]

I don't think the charge is for the information itself. It is a fair and reasonable fee for photocopying/printing, doc handling, etc.

[Knut]

I would just find a new doctor and have their office try and track down your old patient files.

You would sign a consent to release information form. I do not think they can charge for that.

[GP_Matt]

Originally Posted by Hesla

I would just find a new doctor and have their office try and track down your old patient files.

You would sign a consent to release information form. I do not think they can charge for that.

I did find a new doctor right away so I guess I will just ask her if she wants the file or not.

[Displaced Flames fan]

That would be illegal in the United States.

[CaptainCrunch]

I don't know if that's legal here, you in fact have rights to access your own medical file. I also don't think that your doctor could sell your file without your permission. You have the right to request a transfer to a different doctor and it doesn't cost anything to you.

I would do some checking into this it sounds slightly stinky.

[killer_carlson]

my call would be to the Office of the Information and Privacy Commissioner of Alberta.

[NuclearFart]

Do you think you might be taking this out of context?

I highly doubt your doc has sold your info to anybody, only contacted a third party who is offering to manage any transferring of files should you need it. The alternative is that your info will just be destroyed once he has officially retired.

[CaptainCrunch]

Originally Posted by killer_carlson

my call would be to the Office of the Information and Privacy Commissioner of Alberta.

This, if he sold your file without your permission, there might be some serious issues.

[GP_Matt]

Originally Posted by NuclearFart

Do you think you might be taking this out of context?

I highly doubt your doc has sold your info to anybody, only contacted a third party who is offering to manage any transferring of files should you need it. The alternative is that your info will just be destroyed once he has officially retired.

I don't know. The clinic he is in will keep running as a walk-in clinic so they could have kept the files there for a month.
Or he could have sent the letter three months before his retirement to give us time to find a new doctor and have the file sent over. I have a hard time believing that he decided to retire on a moments notice

[Knut]

Originally Posted by NuclearFart

Do you think you might be taking this out of context?

I highly doubt your doc has sold your info to anybody, only contacted a third party who is offering to manage any transferring of files should you need it. The alternative is that your info will just be destroyed once he has officially retired.

I think you have to keep patient records for a certain number of years before you can destroy them. Even if he retires i believe it would have to be kept in storage somewhere. I know for us it is 9 years.

A call to the privacy commissioner is likely the best thing to do. Also, post an update here as i am curious as well.

[GP_Matt]

Originally Posted by Hesla

I think you have to keep patient records for a certain number of years before you can destroy them. Even if he retires i believe it would have to be kept in storage somewhere. I know for us it is 9 years.

A call to the privacy commissioner is likely the best thing to do. Also, post an update here as i am curious as well.

Thanks,
I will put some effort in and will post if I get anywhere. Although, I may give up if it seems like I will have to wait on hold for too long.

[Street Pharmacist]

Originally Posted by Hesla

I would just find a new doctor and have their office try and track down your old patient files.

You would sign a consent to release information form. I do not think they can charge for that.

I don't believe explicit consent is required between public practitioners as it's implied

[Knut]

http://www.cpsa.ab.ca/Resources/Stan...atient-records
--- From the college of physicians and surgeons of Alberta

A physician must ensure that a patient record is accessible for a minimum of ten (10) years following the date of last service or, in the case of minors – the record must be accessible for ten (10)years or until two (2) years past the patient’s age of majority – whichever is longer.

While a physician may be the custodian of a patient’s record, the patient whose information is contained in that record owns the information; on the request of a patient, the physician must, in a timely manner:
provide the patient access to the patient record, and
provide the patient with a copy of the patient record.

A physician may charge a fee as permitted by the Health Information Act for a patient’s request for access to or a copy of his or her record.

A physician may not charge another healthcare provider for the exchange of limited patient information such as a copy of a discharge summary

http://www.cpsa.ab.ca/Resources/Stan...dical-practice

A physician who closes or leaves a medical practice is responsible for the secure storage and disposition of the patient records from that medical practice

A physician who closes or leaves a medical practice and does not maintain custody of the records must ensure there are information sharing agreements relating to management of patient charts; this information sharing agreement must, at a minimum:
identify which physician(s) will maintain custody of the patient records;
describe who is responsible for costs if copies of the record are provided to a physician who is a party to the agreement; and
reflect costs that are reasonable and consistent with applicable legislation and community standards.

It does seem like charging for it and sending it to a third party is within the privacy act. The only concern would be how the information was exchanged.

[Knut]

Originally Posted by Street Pharmacist

I don't believe explicit consent is required between public practitioners as it's implied

That is for referrals or phone consultations. And you still have to document it.

You do have to have the patient sign a consent to release information form to get old records.