Withholding records

One of the Doctors in our practice is asking "If a patient has a very large balance with the practice, can we with hold there Medical Records until the balance is paid?" We are in the state of Florida, laws may change from state to state. Any insight into this question would be helpful!

re: WITHHOLDING RECORDS

Your doctor cannot withhold a patient's medical record due to non payment of a bill due to the HIPPA laws and doing so could cost him/her more than the unpaid bill. More information on the HIPPA law may be found at http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html

re: WITHHOLDING RECORDS

This is not a good idea for multiple reasons. The patient has the right to reasonable access to their medical record. Assuming the release is to another provider, refusal could be argued to be a delay in continuity of care - which increases your practice's liability. A savvy patient could file a complaint with your state medical board, or HHS. Plus, it just looks unethical. Transfer the records, and send the balance to your collection agency.