
Originally Posted by
thisAngelBites
I don't personally want to get bogged down in whose name is on the page, or the political aspects.
Yes, a lab doesn't have to give the results to you - it depends on the state. In Massachusetts, a lab needs physician approval to give results to the patient, but in some other states they do not.
I haven't looked at HIPAA directly, and I guess that is what is needed, but I am sure that will be onerous. The stuff I have looked at says, in effect, that you are allowed to see your blood work, period (so go and take a photo with your mobile) and you are entitled to copies it (subject to copying fee and 30 day period the provider has to respond to such requests, etc.).
There are some ways the info can be legally withheld that I saw that I am sure are intended to cover some grey areas. Psychotherapy notes may be withheld, and tests done by non-CLIA labs (which seems to mainly be labs that do tests for researchers rathers than for physicians or patients, so tests that were done not as part of a patient work up anyway), and it looks like prisons also do not have release results.
I agree that people can always try to make things difficult, but I would bet that if you approach the place in a professional way (as opposed to having a tantrum and making demands) and say you would like to see your test results that your are entitled to under HIPAA they will comply. If they do not comply, you can re-state that you know you are entitled to your results, and that if they do not comply with the law, you will have to file a complaint under HIPAA, and then one should do so if the medical provider really does not accede with the request.
The majority of physicians are not going to want to deal with the cheap hell of a patient who will make trouble if they do not receive their test results, and they will be likely to give the results and then basically refuse to serve the patient further. The patient can make the HIPAA complaint and can also plaster the internet with negative reviews of the physician who would not release blood work the patient was entitled to have in violation of HIPAA, which I am sure a physician of just average intelligence would realise.
Additionally, malpractice insurers may well care about the number of HIPAA complaints a physician receives, and a physician may care about that as a result.
Undoubtedly there will be a handful of people for whatever reason (ignorance of the law, or desire to disincent the patient from seeking medical services elsewhere, or desire to have control over what they see as a demanding patient) will still refuse, and in that case, the patient should avail themselves of their legal rights under HIPAA.