Can I request a copy of my medical records from my healthcare provider?
Yes. California Health & Safety Code Section 123100 establishes a patient's right to inspect and obtain copies of his/her medical records. The Federal Health Insurance Portability and Accountability Act (HIPPA) further provides patient's right access to his/her medical records. The best way is to submit your request in writing. The provider should then allow you to inspect the record within five working days during business hours or to provide you copies within 15 days of receipt of the request. The provider however is entitled to the cost of copying, not to exceed 25 cents per page, along with reasonable clerical costs. Occasionally, a physician may refuse to provide copy of a patient's mental health records if the physician truly believes that the revelation will harm the patient. If your healthcare provider refuses to comply with your request, you should contact his/her professional board, e.g. medical board, for assistance.
Why should I prepare an Advance Health Care Directive?
Advance Directive is a list of instructions about your own healthcare in case you become comatose or incompetent. It indicates your wishes regarding how you and your body should be managed when you are comatose, including who should be making these decisions for you. Preparing it in advance should prevent disputes or legal battles between your loved ones. You can download and prepare a California Advance Health Care Directive today by downloading it free from the Internet. Just search it under "free California Advance Health Care Directive". It is also recommended that you prepare a Living Will and/or Trust to avoid disputes between your heirs. You can also download free forms from the Internet, e.g. www.calbar.ca.gov.
How can I file a complaint against a healthcare provider or institution?
Physician (Medical Board of California) - 800.633.2322 (for MD), 916.263.3100 (for D.O.)
Dentist (Dental Board of California) - 916.263.2300
Podiatrist (Board of Podiatric Medicine) - 916.263.2647
Optometrist (Board of Optometry) - 916.323.8720
Nurse (Board of Registered Nursing) - 916.322.3350
Pharmacist (Board of Pharmacy) - 916.574.7900
Acupuncturist (California Acupuncture Board) - 916.445.3021
Hospital (Joint Commission on Accreditation of Healthcare Organizations) - 800.994.6610
Hospital (Department of Health Services) - 916.445.4171
Nursing Home (Department of Health Services) - 800.236.9747
Department of Insurance - 800.927.4357
Department of Managed Health Care (HMO) - 888.466.2219
What is EMTALA?
EMTALA or Emergency Medical Treatment and Active Labor Act is the so-called "anti-dumping" federal law designed to prevent hospitals from "dumping" transferring or refusing to treat indigent or uninsured patients without stabilizing their medical conditions. Therefore, all hospital should screen patients at their Emergency Room in spite of their financial or insurance status. California has also enacted a similar but stronger law (Health and Safety section 1317). Violators are subject to sanctions of up to $50,000/violation.