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My Imaginary GF
Jul 17, 2005

by R. Guyovich

Talmonis posted:

What can we do? Realistically, that is.

https://www.healthit.gov/patients-families/faqs/what-should-i-do-if-my-doctor-does-not-give-me-access-my-records

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule gives you, with few exceptions, the right to inspect, review, and receive a copy of your medical records and billing records that are held by health plans and health care providers covered by the Privacy Rule.

If you want a copy, you may need to pay for copies and mailing. If you request an electronic copy of protected health information, a covered entity is required to provide you with such electronic copy to the extent it is readily producible. In most cases, you should get your copies within 30 days.

A provider cannot deny you a copy of your records because you have not paid for the health services you have received. If you believe that your doctor or other health care provider violated your health information privacy right by not giving you access to your medical record, you may file a HIPAA Privacy Rule Complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights. The easiest way to file a complaint is to go through the HHS Office for Civil Rights. If you have questions about privacy, security, or HIPAA, visit the Department of Health and Human Services Office for Civil Rights (OCR) privacy website . You can also search OCR’s HIPAA FAQ database.

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My Imaginary GF
Jul 17, 2005

by R. Guyovich

Talmonis posted:

I actually advised them to do this, but she said that the $250 would be the cost to print and ship it. Which sounds like utter bullshit. The problem is proving that it's bullshit.

Request an electronic record and have her contact HHS' Office of Civil Rights. $250 may be a reasonable price, if she is requesting her whole medical record and has had a long history with the provider, for instance if her record is 500 pages and she would be paying ~0.50 per page. Never underestimate the potential paperwork involved in healthcare provision.

It may be possible for her to request relevant portions of her medical record only, such as 'Prescription History'. That may lower the total cost of her medical records request. It may be pertinent to have her request an itemized invoice for her medical records request to determine the cost per page which her provider is seeking to charge.

My Imaginary GF
Jul 17, 2005

by R. Guyovich

Talmonis posted:

This is actually super helpful. Thanks MIGF.

Any ideas on what kind of legislation or systems we could put in place that would actually solve the overall problem of poverty in those not fit for capitalist competition?

Keep in mind, that all assumes her provider participates in HIPAA. Not all providers do. If her provider is not participating in HIPAA, then I would recommend that she save up $250.

I'm not sure that there is a systematic issue here. It would seem that the provider is requesting the patient to try a different medication, which may be a reasonable request depending upon the literature available. Just as healthcare providers have responsibilities, so, too, do patients: in this case, it would be the patient's responsibility to ensure that the provider's recommendation is justified and in line with best-practices. A patient has a responsibility to ask their provider for the evidence basis behind their recommendation, and if a recommendation is being made without justification, to document that in case future issues arise.

What I suspect is happening is that your friend is on a controlled substance for her anxiety, likely a benzodiazepine. On the provider side, it has become a hassle to prescribe controlled substances due to the overprescription of opiates which has occured this past decade. This overprescription has opened providers and provider networks up to the potential of class action, especially if they did not maintain documentation to justify their prescription recommendations. I think its only a matter of time before an attempt is made at forming a class over the whole opiate for manageable pain kerfuffle.

So, as it has become a hassel to prescribe controlled substances, providers are under pressure to justify their recommendations. Has your friend tried a non-benzodiazepine drug for anxiety management in the past? What was their experience, and did they maintain documentation? How were they initially diagnosed, and how comprehensive has the testing been to confirm their diagnosis and rule out the anxiety and depression as symptoms of an underlying mental disorder such as bipolar or schizophrenic disorders? Basically, if your friend cannot establish that they have: 1) a diagnosis which rules out other mental illnesses, 2) a diagnosis which has been stable and well-documented over time, 3) negative response, including symptoms becoming unmanageable and inhibiting your friend's general ability to function, to less strictly controlled and less addictive substances; then your friend may not have an entirely justified case from a regulatory standpoint. If your friend expects to receive free healthcare and free drugs, then they have a responsibility to establish documentation that the care and medication they receive is medically necessary for maintaining their general ability to function. If your friend is unable to do so, then it may appear to your friend's new primary provider that they are attempting to doctor shop in order to obtain a controlled substance, and your friend may receive the same treatment as at her last primary care clinic.

My Imaginary GF
Jul 17, 2005

by R. Guyovich

Ytlaya posted:

Here's a question - what do you do with the people who still end up destitute even after receiving their mincome? Unless you want a bunch of people to literally starve to death because they hosed up and mismanaged their money (which is very likely; many people do not have good money management skills), you're still going to need to provide some level of "regular" welfare.

As America is a free nation in which individuals are held accountable for their choices in life, you allow those individuals the freedom to starve to death.

My Imaginary GF
Jul 17, 2005

by R. Guyovich

Talmonis posted:

No, gently caress that. Failure to compete, typically the result of factors out of the individual's control, should not result in death in a civlized nation.

In a civilized, Democratic society, individuals should have the freedom to make bad life choices which may result in their death. They should not be free from the consequences of their life choices. How else can you have a free society if you do not hold individuals accountable for their actions?

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