Good morning cckk!
I have done a bit of digging and found that Dr. Philip A. Sheinberg
last worked at the following address:
536 East Arrellaga Street, Suite 104
Santa Barbara, CA 93103
805-884-0044 (I verified that this is a working number)
You may want to give that office a call to see if they have your
records on site still. Most times, once a doctor retires, he will
move hiss patient?s records to an off-site storage facility for
storage.
CA Code Regs. Title 22, Chap 3, § 72543 states that all medical
records of persons aged 18 years and older and of emancipated minors
shall be retained for seven (7) years from date of service. All
medical records of persons who were under the age of 18 years at the
time service was rendered shall be retained for the greater of (a) one
(1) year from the date the person reaches the age of 18 years, or (b)
seven (7) years. Compliance with these requirements imposed by
California law will result in compliance with current federal medical
record retention provisions, which generally require a five (5) years
retention period or less.
According to the Medical Board of CA, when retiring, the physician
terminating the physician-patient relationship should notify patients
sufficiently in advance by letter to patients by the physician
explaining the change, including the final date of practice. The
California Medical Association recommends, if possible, that letters
be sent by certified mail, return receipt requested, and that a copy
of the letter with the return receipt be kept. To inform inactive
patients or those who have moved away, the CMA also recommends placing
an advertisement in a local newspaper. Additionally, the patients
should be advised as to where their medical records will be stored
including how they may access them. To facilitate the transfer of
medical records to the new treating physician, an authorization form
should be included in the letter.
Cal. Civil Code § 1798.81 requires that all businesses, including
HMOs, must dispose of records that are no longer needed by
1. shredding
2. erasing
3. otherwise modifying the personal information in those records to make
it unreadable or undecipherable through any means.
Cal. Civil Code § 1798.82 states that if any business fails to
properly destroy your records and you suffer harm because of it, you
can sue that business.
I am not sure what year the doctor retired in, but if it has been over
7 years, and if Dr. Sheinberg retired your records pursuant to CA.
Code Regs. Title 22, Chap 3, § 72543 and Cal. Civil Code § 1798.81, I
am afraid that you may never recover them. As one whom once worked in
the medical field, most doctors? offices will shred their records.
Another resource to look into to obtain your medical information would
be to speak with the Medical Information Bureau (MIB). The MIB is a
company that keeps a database of medical record information on
individuals as provided to them by insurance companies that subscribe
to their services. There is an $8.50 charge for obtaining a copy of
your MIB report. MIB reports are kept for seven years.
For information, you can write to:
MIB, Inc.
P.O. Box 105
Essex Station
Boston, MA 02112
Phone: 617-426-3660
Fax: 781-461-2453
( http:// www.mib.com )
I hope you find this information helpful. If this answer requires
further explanation, please request clarification before rating it,
and I'll be happy to look into this further.
Nenna-GA
Google Answers Researcher
Sources:
California Patients Guide
( http://www.calpatientguide.org/iii.html#3_11 )
Medical Record Retention Laws
( http://www.ahca.org/hipaa/state_mr_retention_laws.pdf )
Medical Board of California
( http://www.medbd.ca.gov/Close_Practice.htm ) |
