TLDR: Provider is refusing to release my medical records due to a billing dispute, and I’m trying to figure out if OCR complaints actually work.

Longer version:

I requested my medical records from a provider on 3/23 and followed up multiple times. They kept telling me it was “waiting on the doctor,” and then eventually straight up said they wouldn’t release my records because I have an outstanding balance.

From what I understand, under HIPAA they’re not allowed to deny access to records due to payment issues, and Virginia law requires records to be provided within 15 days or a written explanation for delay.

I pushed back and cited the law, and the provider literally responded with “GOOD LUCK IN LIFE!” instead of releasing the records.

At this point I’ve filed complaints with OCR and the Virginia Department of Health Professions. I’m also dealing with a Medicaid billing issue tied into all this. I have both commercial Kaiser and UHC Medicaid and they accept UHC Medicaid but not Kaiser. Medicaid originally paid for it but months later retroactively denied those payments due to the providers office billing them incorrectly. Medicaid is in contact with the office about correcting these payments but also, per the Virginia Medicaid and provider contract, they are not allowed to bill me for retroactively denied claims.  

My question is:

Has anyone here actually had success getting their records after filing an OCR complaint? How long did it take, and did the provider comply quickly once OCR got involved?

Also open to any advice if you’ve dealt with something similar.

Has anyone actually gotten their medical records after filing an OCR complaint?