united-states privacy health medical massachusetts
Can doctor&#39;s offices withhold test results for some length of time?
<p>Massachusetts/USA here. I had a <a href="https://en.wikipedia.org/wiki/Electromyography" rel="noreferrer">EMG</a> a few days ago and scheduled a followup with my doctor for later in the month (about 3 weeks from now). <strong>I am very anxious to hear the results.</strong></p>

<p>I just called and the nurse/assistant was able to confirm that the results are ready, but she said that she isn't allowed to read them to me, and that I will have to wait until my scheduled appointment (again, 3 weeks from now) with the doctor.</p>

<p>I call <em>bologna</em>! Can they do this? I would think some provision in HIPAA or otherwise would entitle me to immediate readings of the results. What are my options here?</p>

<p>According to <a href="http://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html" rel="noreferrer">an HHS guide entitled "Individuals’ Right under HIPAA to Access their Health Information"</a>, HIPAA does entitle you to access your medical records; however, the medical provider has 30 days to respond to your request.  See the section on "Timeliness". So if the doctor wants to withhold the information until your appointment in 3 weeks, it looks to me like they are legally entitled to do so.</p>

<p>Massachussets law has some similar provisions which are linked from <a href="http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/medicalprivacy.html" rel="noreferrer">the state court system's page on medical privacy</a>.  But as far as I could tell, they also only set a 30 day window, and it only applies to requests that are related to a claim for Social Security or  a similar program.</p>

<p>It doesn't appear that the law is on your side here.  You might have more luck just trying to reschedule your appointment for an earlier date, or letting them know that you would take an appointment on short notice in case they have a cancellation.</p>
