Man Charged £2,000 For Medical Records Stored On Obsolete System
An anonymous reader writes "In Britain, where it is custom and practice to charge around £10 for a copy of your medical results, a patient has discovered that his copy will cost him £2,000 because the records are stored on an obsolete system that the current IT systems cannot access. Can this be good for patient care if no-one can access records dating back from a previous filing system? Perhaps we need to require all current systems to store data in a way that is vendor independent, and DRM-free, too?"
That'll fix all the issues. London has fog, too, so the clouds are even easier to access.
Who the hell decided to not do the format conversion when they phased out the old system?
That's more than the statutory maximums in both the Access to Health Records Act 1990 and Data Protection Act 1998 (as amended), which is £50 (if the records are a combination of computer and paper) or £10 (computer only).
This is not legal advice, but it is a recommendation that he should seek legal advice.
HL7 interfaces, bitches.
>> A statement from the trust (Britain's single payer health care system) said: "The trust does have the visual data on file but the cost of generating an image from what is now obsolete technology is not a cost effective use of public money.
Good thing there's no chance of the US going to a single-payer system...er...am I right?
Why should the patient have to pay 200 times as much money to access records when the difficulty isn't his fault?
The company that was incompetent and stored things in an inefficient manner should cover the cost. Charging this incompetence to the patient shouldn't be legal.
How did none of this data get pushed forward when the old systems were replaced with new, incompatible ones? Nobody saw this problem coming?
The last thing I want to hear at my doctor's office is "we're getting a new computer system."
He needs to get an appointment for something where the hospital will be required to access the old medical records. If they don't access the records they could be liable for any problems from a misdiagnosis. So they will copy them to the new system (especially if they see more requests coming down the line) and then the guy can ask for a copy of the new set of records.
So instead of having migration costs, just charge your customers for your migration! Think about it - if you go to the bank, the teller tells you that it will cost you $2,000 to withdraw money because the system in which they store your account info is still on Windows ME! It sounds glorious. I am doing this immediately.
Oh, wait, no. I only work on ancient systems. Whoops.
How is this his problem? The hospital failed to plan and now they are passing that cost to their customer? Great business...
What are the record retention requirements in the UK? These records are from 2004. They'd have been destroyed at this point in Michigan (5 years last I looked). That said, if its within the record retention rules, you'd be a fool not to have them in some accessible format.
They may have asked him for £2,000 but he won't have to pay it:
From the UK Information Commissioner's Office:
http://www.ico.gov.uk/for_the_public/personal_information.aspx
You have the right to get a copy of the information that is held about you. This is known as a subject access request...Organisations may charge a fee of up to £10 (£2 if it is a request to a credit reference agency for information about your financial standing only).There are special rules that apply to fees for paper based health records (the maximum fee is currently £50) and education records (a sliding scale from £1 to £50 depending on the number of pages provided).
How many of you think this thing might just be the modern equivalent to a numbers station?
For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
and DRM-free, too?"
Do you understand what "DRM" and "DRM-free" would equate to when it comes to your medical records?
You and ultimately only you are responsible for managing your own health. I learned a similar lesson when I left the only copies I had of an expensive MRI of my back, showing my back problems, at a doctor's office, and some time later requested them only to learn that "we threw them out, sorry, nothing we can do". The fact is that nobody is going to care about your own health like you are going to, so if any medical documents are important to you, keep records of them. This is your life, take responsibility for it .. it sucks, but he really should have made copies when it was still in an easily accessible format. I know, 20/20 hindsight. Young 'uns, learn from the mistakes of others.
Using force to compel every doctor or hospital to keep every record ever in a conveniently accessible way would be ridiculous, it's not only immoral, it would cause already overpriced healthcare to dramatically rise further in price, and we'd all have to pay higher costs so that all the doctors and hospitals could keep records that aren't actually important or will never be accessed.
Regarding the comments about Health Record storage... we are getting there. HL7's CDA document type is used in the US to generate CCDs, which are basically just XML documents with some nice formatting. Based on what is happening in the US with Meaningful Use, I would imagine this will soon be the standard way medical records are archived.
That's ridiculous - why don't they have a computer and software left over from the old system that can access this data? Did somebody just not think and throw that out in their last device refresh?
The NHS made the right choice selecting a standards-compliant EHR system for their recent changeover. Adhering to industry standards like HL7 will ensure that this problem will never happen with the new system they have in place.
The records are longer than the legal maximum retention period. You can't expect hospitals to keep every X-Ray you ever had forever, not only is there privacy issues (some people don't like the idea) the cost of unlimited data retention is enormous. He should have requested it while it was still within the legal time for it to be kept, otherwise anything more is just a favour to him that they can get it to him at all even with the fee, because it costs money to bring an obsolete system back online, as it was decommissioned since it is no longer required (past the legal maximum).
I'm sure the obsolete system was running just fine in parallel in new system while the records were still under legal obligation and without expensive fees.
It's better than most places that they will still have the obsolete system at all that CAN be bought online. Most places would have destroyed the data by now.
Apple for example, completely wiped the MobileMe data as soon as MobileMe was switched off. Actual conversion I had with them for someone else who didn't know it was been Shut Off until it actually stopped working:
Apple: Yes Sir the Service has just stopped working because it has been decommissioned for iCloud.
Me: How do I get the data back?
Apple: Well we have put out notices to your MobileMe email (that they never use) for months that it is going to be shut down and you need to transition before then, now it's been shut down and we can't transition the data anymore.
Me: How do I get the data back now?
Apple: The data has been physically wiped from the servers and can't be retrieved even if we wanted to.
Microsoft have done it too with Microsoft Office Live Small Business.
Or Google, switch it off so you can see it's not working and then normally give you a year to download your data from a killed product.
Not fair to ask the CEO to cover the cost of his extraordinary required. If these records are important to him, pay, If not that important, don't. The choice is his.
Some perspective:
Every british citizen could get ripped off in this manner twice each year, and still come out way ahead compared to the USA. As bad as the $2000 fee sounds, if he moved to the USA he would pay an average of $6000 extra per year for his health care.
It's time for single payer, and if you disagree, this price differential is the bar your alternative proposal needs to clear before I bother paying attention to you.
From the article it looks like laser disc. I bet someone has the equipment. A round number fee like that always feels like a fuck off quote. The really good question is why did they throw out their machine in the first place. Where I work once a year people have 5 and a quarters that they want info off and we just keep the machine in the corner to make them happy.
I thought it was APK for a bit, but there is no mention of the hosts file.
Well, that is still much better than in the US. In Britain the patients at least have medical records. In the US (If you have seen Michael Moore movie Siko) perple are better off going to Cuba to get medical service
That's a ton of money!
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Seriously? You're suggesting it's hard to store records indexed by patient in a database? Really?
... to get your records from the NHS that I've come across is when you want to transfer to a private doctor. In which case when the right conversations have been had you don't even pay the £10.
Why should he have to pay more because his files are on an old computer system. For instance you don't pay your IT guy more when he puts a file on an old system and can't get it off. Now I know this is an old system but still someone must be able to go in and get it.
Could they release the raw data to the man who could then release it online and get people to figure out how to render it? In the process the many other people with records from this era can also visualise their data if they wish.
he should offer to pay 1p/mo and get the refusal back in writing - he is still entitled to his information!
Operation Guillotine is in effect.
I just moved from a state where doctors are required to keep records for seven years, but with a significantly longer statute of limitations for medical malpractice lawsuits. Such lawsuits require access to medical records. Without records, there's no proof that a patient was even seen for the condition they're claiming a tort for. As a consequence, medical offices routinely purged all records more than 7 years old - often by going through an annual first-of-the-year process of pulling the "expired" charts and shredding them all at once.
In that situation, I could totally see a doctor's office trying to help a patient retrieve old records that they happen not to have purged yet, but realizing that they were in an ancient format based on proprietary software from a vendor that no longer exists and stored on an Amiga or some odd thing like that. The easy answer would be, "sorry, we don't have those anymore" and to set fire to the box of floppies they were stored on. The longer answer would be, "we have them, but it's going to be nearly impossible to get at them. If you need them, we'll try to help as much as we can. You'll need to pay our contractor for the work, though."
In that case, is the doctor's office being nice and helpful for trying to help the patient and not turning them away, or are they being jerks for not footing the bill for something they have no legal obligation to provide (and in fact are exposing themselves to liability for even admitting the existence of)?
I don't know if this is analogous to the case in the article or not. I just saw a lot of comments like "LOL STUPID DOCTORS" when it might be possible that there are other unmentioned factors.
Dewey, what part of this looks like authorities should be involved?
After suing the appropriate folks £1990 for gross negligence and improper handling of vital personal records, the cost will still ultimately be £10 for the documents.
The UK has a history of letting information collected at great expense go stale---only to later spend yet even more money to receover the "archived" information later.
One of my favorite examples of this is the Domesday book and it's 900th anniversary commemoration. http://www.independent.co.uk/voices/commentators/philip-hensher/philip-hensher-domesday-lessons-for-the-egeneration-2283897.html
Last year I got half a dozen nine inch reels from the 1970s transcribed with zero data loss and less than a week turnaround including interstate delivery. I had a few more done the year before and the year before that - same deal, and here you are giving excuses about 1990s or later technology.
The really big problem that every software industry that does not have a clue keeps hitting is the lack of published standards. It's published standards for data formats that mean once I have 1960s or 1970s data on readable media I can directly import it into software released this year. That's in the oil industry, so desktop office software really has no excuse about hiding their formats to be competitive since other industries do not need to hide behind the fiction that hiding their methods is required to remain competitive.
When the question is "why" the answer, generally, is "Money".
It costs money to convert or unload the old system which most likely has large amounts of data, is quite complex and can't simply be unloaded into text format. At least not without serious thinking and planning involved.. which costs money.
Happens all the time when old systems are taken offline.
They can't produce an image, but you can download software to emulate every system known to man at this point.
Let me preface this by saying I'm a medical practitioner, and I read the story He has a written report of he cardiac ultrasound, and he has a written report of it. The data he wants are the 'still images' of his ultrasound. An ultrasound is a live, dynamic test that looks at the heart as it moves, its not like an xray or CT where a single image gives you the data you want. While single images are often recorded (mostly medico-legially I believe), at the end of the day, he wants to compare some still images from his cardiac ultrasound taken 10 years ago to the images taken recently. Not worth doing, exceeding rare that 'any' useful comparison could be made. I agree there is no need to store TB's of data for ultrasounds, though the fact that they still have it is interesting in itself!
I'll point again to the link posted by a previous poster:
http://www.ico.gov.uk/for_the_public/personal_information.aspx
"You have the right to get a copy of the information that is held about you. "
Since the information is still held about him, so he has the right to it.
Of course there's nothing preventing his local medical centre from saying "whoooops, I pressed Delete".
It's not the patient's fault the information is stored on an inaccessible system, so why should he pay for the problem created by the IT department. I would sue the company for not storing the information properly..
1. It is in legislation that records must be retained for a certain period of time (7 years, generally, and in a lot of cases that's arguably too long).
2. *While records are retained*, individuals have the right to be given a copy.
So after 7 years, delete the records and all legalities are covered.
If he's seen by someone in the NHS, the doctor in the NHS will want to see it, not him. If he goes private, that doctor will take from the NHS, not him.
And, along with all the other taxpayers in the UK, he's already spent over two grand on the failed NHS IT project which was supposed to collect and make available to the nation wide health system his records.
So why are they asking him to get his records?
He knew better; just keep the records on post cards in sleeve jackets.
The other 'funny' thing about Doc Martin to this USian: no patient ever breaks down in tears, wailing "I can't afford this!!" Sigh.
I don't want anyone to read my medical data.
I want it encrypted and protected technically as well as with procedures so only authorized people can access it.
I don't understand how this can be done without some sort of DRM.
the OP expects it to be done, for free, at no cost to the consumer, too.
They are still using XP up here....although Win 7 can still access it. There's is probably on some old mini. Don't forget that medical records (in the US) are supposed to be inaccessible to the outside world which would mean encryption if properly done. Actually, they finished up one system about a year ago and it too was XP. Hopefully Win 8 can still access NTSF, but it looks like about time to drop the dual boot and just stick with LINUX. OTOH I'd prefer they didn't update quite so often.
his copy will cost him £2,000 because the records are stored on an obsolete system that the current IT systems cannot access.
Paper copies? At £0.10/page that would only be 20,000 pages.
the data protection act says they can charge a MAXIMUM of £10 for the data.
So this is illegal