Frequently Asked Questions
When a patient requests a
copy of his medical records, am I allowed to or do I
have to provide copies of records generated by other
physicians?
You must provide copies of everything you have,
including copies of records generated by other
physicians.
You can, however, charge the patient for all copies
made.
Can I charge the physician a
copying fee?
Yes, at the same rate you charge the patient -
$1.00/pg for the first 25 pages and $.25/pg for each
page thereafter.
Unlike for services rendered, you can condition
release of the records upon payment of copying charges.
A physician requested medical records on a patient that has an unpaid balance.
Can I withhold the records until the patient pays his account?
No. You must provide the records
upon request, regardless of whether the patient has an outstanding balance
concerning the services you have provided.
I recently received a subpoena from an attorney for medical records.
It was not issued by the court but rather was only signed by the
attorney.
Do I have to comply?
Yes. The Florida Rules of Civil Procedure provide that an attorney can sign a
subpoena - they do not have to be issued by the court.
Does a doctor have to have a staff member present when
he is conducting a physical examination of a member of
the opposite sex?
No.
There is no statute or administrative code
provision that requires an individual be present in
addition to the doctor during such examination.
However, it is strongly recommended that
physicians make this a standard practice given the
current climate concerning sexual harassment and related
lawsuits.
Having a staff member present during such examinations
is good practice in that it can provide verification as
to whether proper procedures were followed should a
problem later arise.
The AMA’s Council and Ethical and Judicial
Affairs recommends that the option of having a chaperone
present be given to the patient.
May I treat a minor without parental
consent?
The general rule is no, but in
certain circumstances, parental consent is not required.
Those situations involve sexually transmitted
diseases, pregnancy, emergency care, mental health and
alcohol/drug abuse.
In the case of sexually transmitted diseases, the
physician is not allowed to notify the parents, i.e. by
sending a bill.
May I charge interest on an unpaid
bill?
Yes, but at no more than the maximum
rate set by the state of
Florida
(10%). In
addition, the patient needs to be notified in advance of
the interest and other charges by such means as the
posting of a notice in the waiting room, the
distribution of leaflets, etc.
AMA ethical guidelines urges physicians who
charge interest to use compassion and discretion in
hardship cases.
Must I supply an interpreter at the
request of a deaf patient?
Not necessarily. A physician’s office
is required to provide whatever “auxiliary aids” are
required for effective communication with a
hearing-impaired person.
This requirement is a flexible one. You are not
required to hire an interpreter in every situation.
What is reasonable depends on the circumstances,
as long as there is “effective communication.” You
should consult with the patient before providing a
specific auxiliary aid.
In lengthy or complex situations, a qualified
interpreter is necessary. In other types of routine
matters, including a routine office visit, a pad of
paper and a pen may be acceptable. A tax credit is
available to physician offices to help offset the cost
of an interpreter.
What notification requirements do I
have to my patients when I close my practice?
Florida
law provides that the records owner can either place an
advertisement in the newspaper advising patients of the
change in practice and the location of the medical
records or can provide this information to each patient
in writing.
This must be done 30 days in advance.
You must also notify the Board of Medicine of any
change of address.
What may I charge for a deposition or
expert witness fee?
There is no set rate to go by. The law provides that a physician testifying as
an expert witness is entitled to a reasonable fee, with
what is reasonable decided on a case by case basis.
The average going rate appears to be $250-300 per
hour with more for certain specialties.
In worker's compensation cases, however, you are
limited to $200 per hour if you treated the patient and
$200 per day otherwise.
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