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Must I release Records when Patient Owes balance?

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 -

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. 

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