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Patients Are Entitled to Record Copies

By Adrienne Hersh, JD, ICS Legal Counsel · January 1, 20123 min read
Medical records on a shelf
WC Record Requests & Commission Decisions
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As an ICS member, you already know that under Illinois law patients may directly examine and obtain copies of their medical records on request, including notes and x-rays. Rules for charging for these copies have rapidly and significantly changed in recent years under HIPAA. See the articles below for charging for medical record copies. However, be aware that patients are entitled to record copies.

Recently the ICS office has received a number of questions about whether a physician may withhold medical records due to non-payment of bills, and whether the physician may hold the records “hostage” until the bill is paid. The answer is a clear “NO.”

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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