Are there ethical/legal guidelines for length of time to respond to a Release of Information Request

[Groupthink]

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I am an early career psychologist. In my training, I was taught that ROI requests should be fulfilled within 2 weeks of receiving the request.

I have requested my records from a therapy practice I attended when I was a graduate student. It has been 2 months since my request, and I have made multiple follow-up calls and emails and I still have not received my records.

The response I have received is that their policy only allows them to release records in person, and that they must review the records with the person before handing them over. I live across the country now so this is not feasible. I made this clear. They stated that they do not have a policy for releasing records to people out of state and have to develop one before they can release my records. They had me sign a Release of Information to myself per their request. They said part of this policy involves who would pay for the shipping cost (I volunteered to pay but they said they cannot accept my money without a policy in place).

My records are my property, and I feel that they are unfairly withholding my PHI.

I am curious if there is an ethical or legal statute that this therapy practice is in violation of. I am also curious as to what my options might be to actually get ahold of my records.

 

[MCParent]

Check the license rules/laws in the state THEY are in. Reference the rule/law in your next communication. Complain to their state board if they don't comply.

 

[WisNeuro]

Some states may have a provision that records can be withheld if there is a good reason to believe that the releasing of such records will cause harm to the individual. But, in these cases, they have to explain that reason in some way, it can't be "because I said so." As MCP said, check those state laws, but I can't imagine many instances in which someone can indefinitely keep your records. I'd personally mention that I would be contacting the state licensing authority of that provider to see what action I can take, to the therapist's office, and see if they then find a way to expedite your request.