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.
>> 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.
The last thing I want to hear at my doctor's office is "we're getting a new computer system."
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.
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.
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.
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.
Given that the patient isn't spending £2,000.00 to each physician involved in each procedure like in the US, he should have enough money to cover the cost. The same could happen to an American just as easily, except that it wouldn't even count toward an American's $10k deductible.
Part of the problem is that most medical expenses are pulled out of someone's arse. If you show up at a hospital ER with a head injury, the hospital could call in their trauma physicians ($3,000.00 fee), and pull a trauma kit ($5,000.00 fee). The fact that the trauma physicians might already be working at the hospital and not called in from their personal time (like interrupting a wedding, or other special event) doesn't matter. And medical kits, such as "trauma kits" or "surgery kits" are just convenient prepackaged collections of tools, equipment, medicines, bandages, and other consumables that could ever conceivably be used for a variety of scenarios. A kit might be opened and items set out onto a tray in anticipation that they may be needed. Most items are not needed, and in many cases the "kit" didn't even need opening. But it is a great way to add costs to the patient or their insurance companies. Some hospitals ship opened kits to hospitals in 3rd world countries for a charitable tax write-off. Others resell them in bulk to re-packagers. The contents are individually wrapped in plastic (often kits within sets of kits), so unused items are not at any risk of contamination. Some items within kits have shorter shelf lives than others, so hospitals are motivated to "open" kits as often as justifiable to make sure a kit doesn't sit too long unused.
There's no law or regulation that says it has to be done this way, but it is profitable for physicians groups and hospitals. Even the non-profits get in on it since they can barely afford to care for the uninsured and it is a way to redistribute wealth from paying patients to those who cannot.
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.
Probably magneto-optical disc, as those were widely used in medical imaging at that time. Although each generation of MO disc was supposedly backwards compatible, in general, the backwards compatibility was flaky as hell. So, although a 540 MB MO disc should be readable in a 5.2GB drive - in practice, this often wouldn't work. Only a 540 MB drive could be used.
In general, the workstations were supplied as a complete package with an expensive support contract, so no hardware modifications were possible. As MO was the standard method of archiving medical data in the late 1990s/early 2000s, when this device was likely acquired, there may not have been any other type of drive attached to the workstation. So, while the image could be displayed on screen, it could not be copied to a new medium (like a CD).
Alternatively, it's possible that the last 540 MB drive died, and none of their existing drives could read it. I know at one hospital where I was doing some research on MRI scans, I needed to retrieve some historical scans which were on 540 MB MO discs. We couldn't read them on anything in the hospital, even though are modern drives were supposedly compatible (or the OS was incompatible, e.g. the discs were formatted in ext, but the drive was connected to a windows box). In the end, I used some research funds to buy a refurb drive off ebay, and connected that to a linux box which could copy the data onto a more practical format. I could get away with doing that myself in a research context - if a hospital had to get an IT consultant in to source the drive and do the format conversion, then the bill could have been substantial.
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.
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!
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..
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.
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.