Constitution Equality for All ?

Constitution Equality for All ?

Tuesday, September 10, 2013

Why the HIPPA ACT don't work in Maryland? Or does it depend on, "Who you are?" Classification?

I had some dental work done at a dentist office in Silver Spring in 2011 and requested my records (twice), I was denied. I contacted the Maryland State Board of Dental Examiners, Lesile Grant, D. D. S. twice and she inform me that the Board refuses to make this dentist office give me my records. I kept requesting my records after two years later, the Dentist decided to mail them USPS - one x-ray and wrote, "This is my dental records". Disregarding that the privacy or the correct process that I can pick up my records and it shouldn't be mailed. The dentist office violated the HIPPA law according to the process of a patient obtaining the medical records (below) by the Attorney General website.. Then I went to the federal government OCR  third Region just to get my dental records. Two years later, I haven't heard from OCR  however OCR sent me an email about the dentist records on April 25, 2013. I never received any correspondence and they only contacted the dentist office which the dentist office gave me a copy of their letter even though OCR had my address. OCR (3rd Region) refuses to hold the dentist office responsible for not obtaining my dental records, in a timely manner and the violation of the HIPPA law, you have to wonder, "Why the federal government is protecting Maryland? Is it because they are democrats, it's some deal that Maryland can go above the law when it comes to citizen's rights? This is how politics operates? You have to wonder, "What is the Conspiracy?" Why the law apply to certain class of citizens in Maryland?" Justice and Integrity for sale?

The Health Insurance Portability and Accountability Act (HIPPA) went to effect on August 21, 1996.

Right to obtain medical records in Maryland (Maryland Attorney General website) reads below:

Health care providers may maintain their records on paper or by computer. In either case, you have a right under Maryland law to obtain a copy of the record. To do so, you must make a written request. This signed and dated request must state your name, the name of your health care provider and the party who should receive your records. Your authorization to release your records is good for one year. A provider must disclose a medical record within a reasonable period of time after receiving your written request.

Under state law, in 2012, you may be charged no more than 76 cents per page for having your records copied, plus actual postage and handling costs. (These limitations do not apply to x-rays.) These fees may be adjusted annually for inflation. Federal law forbids a provider from charging preparation fees, including fees for retrieving or handling the information or for processing the request, if the records are being provided to the consumer. If the records are being sent to someone other than the consumer, the law allows for an administrative fee of no more than $22.88 in 2012, which may also be adjusted annually. To avoid a surprise bill, ask about fees before requesting records. In most cases, the provider may withhold your records unless you pay the fee. However, the provider may not withhold the records because you have not paid an outstanding bill for treatment. 

Most healthcare providers must maintain a patient's medical bills, laboratory reports and X-ray reports for five years after the record or report is made. In most cases, the medical record of a minor may not be destroyed until the patient turns 21 or for five years after the record or report is made, whichever is later, unless the patient or guardian is notified. Many providers will send notice to consumers regarding the destruction of records to allow the consumers time to request a copy.


The Maryland Department of Health and Mental Hygiene Website Reads (below):

Health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to disclose medical records in violation of Health-General Article § 4-309 (a)(d) is liable for actual damages, is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction for a violation of any provision of this subtitle.

Now you have to wonder why the law don't work in Maryland towards certain class of citizens? Is this a violation of a civil rights? Why Maryland Commission on Civil Rights refuses to do their job? Who is protecting these activities? Under the law no one should be denied access to any medical records, "You have to wonder, "How many other persons has been violated?

What I find amazing Maryland has lawyers who are appointed on these agencies however uses the law to oppress the vulnerable, seniors and disabled, working poor and low-moderate person in Montgomery County (those who can't afford attorneys). These attorney's find ways to oppress individuals to disrupt justice... integrity is bankrupt and " Is justice is for sale in Maryland". The lawmakers close their blind eyes to this injustice in Maryland and is protected, by whom to continue such violations of the law.

Could you please tell me, "Where is my dental records"? 

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