Provided by: Jennifer Kirschenbaum, Esq.
March 13, 2018
Do I have to release a record to a patient who has requested, but when the patient also owes me money?
Thanks, Dr. P
Yes. To my knowledge, there are no situations where a doctor may maintain a "retaining lien" on a record solely due to non payment - whether non payment for services or non payment for the record (which you are authorized to charge for). OCR agrees - https://www.hhs.gov/hipaa/for-professionals/faq/2065/is-a-health-care-provider-permitted-to-deny/index.html.
Your lawyer on the other hand, is authorized to maintain your file if you don't pay. Just another example of the Bar Association lobbying power.