Access to your records

NY Times

OCTOBER 4, 2012, 12:18 PM
Letting Patients Read the Doctor’s Notes

By PAULINE W. CHEN, M.D.
The patient, a wiry businessman in his 50s, needed a copy of his medical records to bring to a specialist for a second opinion. He assumed that getting the copies would be straightforward; the records were, after all, his.

But after multiple trips to his doctor's office and the hospital and several days of missed work, he learned otherwise. At the hospital, after spending the good part of a morning hunting down the right person to process his request, he learned that signing the requisite permission forms was not enough. He would have to pay for the copies that would take several days to put together. Those copies turned out to be incomplete, so he had to wait another few days, and pay more, for copies of the missing pages.

At his doctor's office, the staff and then his own physician had responded to his request by asking him why he even needed his records. "I told them the truth, that I wanted a second opinion, but it was more than a little awkward," he recalled. "I'm not sure if my doctor will treat me differently from now on."

"It's like they and the hospital were doing everything they could to make it harder for me," he said.

Two weeks later, dossier in hand, he swore he would never let it out of his sight. But, he added, "I can't say that this whole experience has given me a lot of confidence in my doctor or my hospital."

This patient's experience, like those of so many others who have tried to obtain their medical records, came to mind this week when I read about the long-awaited results of a study in which patients were given complete access to their doctors' notes. The findings, published in the Annals of Internal Medicine, do more than shed light on what patients want. They make our current ideas about transparency in the patient-doctor relationship a quaint artifact of the past.

Since 1996, when Congress passed the Health Insurance Portability and Accountability Act, or Hipaa, patients have had the right to read and even amend their own records.

In fact, few patients have ever consulted their own records. Most do not fully grasp the extent of their legal rights; and the few who have attempted to exercise them have often found themselves mired in a parallel universe filled with administrative regulations, small-print permission forms, added costs and repeated delays.

Many physicians also remained hesitant to share their notes, part of the patient's records, because of concerns that such openness might have harmful effects on both their patients' well-being and their own practices. Some worried that mention of minor abnormalities in laboratory values - for example, a slightly elevated prostate specific antigen or white blood cell count - could cause patients to worry unduly about some dread disease.

Other doctors feared that common medical abbreviations like "SOB" (shortness of breath) or "anorexic" (lack of appetite) could be misinterpreted. Still others imagined that writing notes with patient readers in mind would only complicate the process, adding to the already Sisyphean administrative demands of practice and inviting an onslaught of patient e-mails and calls for extended consultations.

Those fears, it now turns out, were largely unfounded.

For one year, the study, aptly called OpenNotes, allowed over 13,000 patients from three medical centers - the Beth Israel Deaconess Medical Center in Boston, the Geisinger Health System in Danville, Pa., and the Harborview Medical Center in Seattle - to have complete access to one part of their medical records, the notes that doctors wrote about them. Within days of seeing their doctors, patients received an e-mail inviting them to read the doctor's signed note on a secure patient Web site. Two weeks before their return visit, patients received a second e-mail inviting them again to review their doctor's note from the previous encounter.

After a year, almost all the patients were enthusiastic about the OpenNotes initiative.

Surprisingly, so were the majority of doctors.

Approximately three-quarters of all the doctors said that such transparency had none of the dreaded impacts on their practice. Many felt there was more trust, better communication, more shared decision-making and increased patient satisfaction. While a portion of the doctors were hesitant at the beginning of the study, not a single one opted to stop sharing notes with patients after the study ended.

"Their fears simply never materialized," said Jan Walker, one of the two lead authors and a registered nurse and health services researcher at Beth Israel Deaconess.

There were several surprising results for patients, as well. While many said they felt more in control of their own care, up to almost 80 percent of the patients said that reading their doctors' notes helped them to take their medications more regularly and better follow their doctors' treatment recommendations. Furthermore, having access to their doctors' notes became so important that nearly all of the patients said any future decisions regarding doctors or hospitals would be predicated on being able to access their records easily.

All three hospitals in the study are working to allow those patients who participated to continue to have access to their doctors' notes. Beth Israel Deaconess, which already allows all patients to view their test results on a secure patient Web site, plans to expand the program even further over the coming year, becoming one of the first hospitals in the country to allow all patients open access to notes from not only their doctors but also their nurses and all other health care providers.

And in what may signal even wider adoption of this new vision of transparency, representatives from several national health care groups, including the American Medical Association and the American Hospital Association, will be meeting in Washington next week to discuss the study results and ways of implementing similar programs in other institutions.

"On the one hand, we call this the 'new medicine,'" said Dr. Tom Delbanco, the other lead author and a primary care physician who is a professor of medicine at Harvard Medical School. "But we're also just giving patients what is already their right."

He added: "It's as we say: Nothing about me without me."

9 replies   

Mary, I'm glad you posted this. Health care providers need to understand that the medical record belongs to the patient in nearly all cases, and that the patients are entitled to complete copies of their medical records. As you also noted, patients have a legal right to request that any errors they find be corrected. If they meet with resistance from the provider, they have a right to complain. Release forms that patients sign should contain a clause explaining their rights under HIPAA as well as how to lodge a complaint. Gail

Very timely for me. I have just had to request my records to be sent to another specialty cardiologist.

Just a note--- I have obtained my records previously and must say- I was a little shocked at the way the doctor views things or even how it is then written out after the appointment. Some details missed or added to in their own words made it incorrect. Nothing major mind you, but it was a little like whisper down the alley but only two of us playing?? : / They often record their thoughts after wards and in that time, a little can change on their perspective or how they recall it may change if they had to be called away and even more time before taping their view of the appointment. I know it is at times opinion and they are having it recorded for their own use being your doctor, but I would not be wary of asking it to be changed... having anxiety written all over your records when it is merely part of NOT being diagnosed correctly can be very misleading down the road.

Good to know this Mary. Thanks for posting and reminding us of our rights! <3- Annette

I wanted to mention how inadequate the Doctor's notes were when I tried to get a few months extension of my short term disability...in spite of my Doctor's real concern re my heart's continued irregularity, surgery, my disabling femoral pain, the notes lacked specifics and reflected general improvement that was not accurate.... My GP was willing to and did write letters upon request saying I was not able to go back to work , writing the detail of my symptoms, diagnosis, but Notes were the critical evidence and were too general, I should have made sure I was aware of content...I went to my visits trying to be positive and optimistic and often in denial...that is pretty much what got written...my doc works for big HMO and she writes as we sit there together, she would have done better with my input....the truth was scary enough, didn't need anything but the facts.

Sz

I have found that over half the information I have given my MD has not made it into the file correctly -- so I have put in my own handwriting - check with patient as this information has been placed in the file incorrectly.

Thanks for posting this, Mary. The genie of "Open Notes" cannot be stuffed back into the bottle now! It's been a hot topic online lately - with the usual suspects rumbling that dull-witted patients couldn't possibly understand what their medical records say/mean. Here's what I wrote to cardiologist Dr. John Mandrola on his blog last week:

"In my regular follow-up visits at our Regional Pain Clinic (ongoing issues with chest pain of coronary microvascular disease), my pain specialist dictates the upshot of our appointments while I am still sitting there in front of him at the end of each visit.

"The first time he prepared his report for my GP in this fashion, I was shocked - had never heard/seen this practice before. He told me at that time that his new protocol allows him to review our discussion/treatment planning/test results immediately, and if he overlooks/forgets anything, he likes to know that his patients are sitting right there to remind him of what was just said.

"I don't get 'derailed by insignificant things', and I have what most would consider a highly complex chart. These are my medical records and I expect to know exactly what’s in them."

And as far a medical test reports go, in my province (British Columbia, on the west coast of Canada, aka "commie pinko land of socialized medicine"), we have a provincial government program called "My eHealth" which is a free online resource where all my lab test results are securely filed for me. Here's the link, FYI: http://www.myehealth.ca/index.htm

XOXOXO

www.myheartsisters.org

Love this, Mary, thank you. I learned the hard way when fighting mt private disability ins co. about getting and keeping all muy records. I know ask for all tests results, ekc on the spot.

let me embellish here... After the struggle I had gettng all my records during my disability phase, I learned to ask for test results to be printed while at the doctors. and EKG's I alsway ask them to print two copies and give me one. Dr notes I have to request and pay for.
The UF umbrella's done here are going to Epic and even have a section called"My Chart" but they put no test results or notes on there at all, only meds and diagonsis and appointments. I think that defeats the purpose, I knoe what meds i'm on and what my diagonosis I have... lol
Univeristy of Denver had the best system. I could go into my account and see every test I had, labs, etc and all the results were posted there. It was great, I wish we could all get to that point, it would save a lot of time, money and frustration. Of course the for profits don't reallt want t d that, but that's a whole other thread!!! ;p
love you all..... Surgery on Wednesday... Send me some vibes!!!

I also think it is very important to have records available as a medical history for our children. I am 49 and had an ICD implanted on September 12th for nonischemic cardiomyopathy. There is a very strong history of heart disease on both sides of my family and my daughters fathers family. I believe it is important to have complete records available to my 17 year old to allow her to be proactive in her own health care. We have all filled out those health history forms at the doctors office from memory!

Excellent point Cathi !!!! My kids being so young I had not thought of it yet but you are so very right!!! There are lots of questions asked about my now deceased mom when I fill out patient info and her records would have helped me be most accurate!

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