Doctor wants medical records preserved
Former chief medical officer of bankrupt hospitals is trying to stop the destruction of patient records.
The former chief medical officer of two bankrupt Arizona hospitals is begging a judge not to allow thousands of patient records to be destroyed soon.
Dr. Timothy Johns is the latest to question why patients had to wait months after Florence Hospital at Anthem and Gilbert Hospital closed to receive their medical records and why other patients will be out of luck if they don’t request copies by June 23.
In one extreme case, Florence college student Caitlin Secrist had to delay an urgent surgery because she could not get records in a timely manner.
“What happened to Caitlin should have never happened,” Gov. Doug Ducey said after The Arizona Republic investigated. “These are the records of the individual, and they should always be available.”
Under normal circumstances, physicians are supposed to keep medical files for six years. But after a dispute over costs, a court-appointed official reached a compromise to give former Florence and Gilbert hospital patients 90 days of access to records.
Many patients will miss the June 23 deadline to request their files, Johns warned, because they did not know the records would be destroyed or because they did not expect they would need the records.
Some patients will realize they need the files months — or even years — from now, the former hospital executive said.
“Purging those records next month I believe will lead to catastrophic consequences,” Johns wrote to Maricopa County Superior Court Judge Roger Brodman.
A car-crash victim may need treatment records to file an injury lawsuit, Johns said. Or a doctor may find a spot on a person’s chest X-ray and request copies of previous chest X-rays for comparison.
“In the event of needed surgical intervention a surgeon will need whatever studies and records we had,” he wrote.
Johns, who founded Gilbert and Florence hospitals, was accused of “financial mismanagement” by investors in a lawsuit that was settled in 2013.
Both hospitals declared bankruptcy around that time, reopened and declared bankruptcy again in 2018. Another project affiliated with Johns, Peoria Regional Medical Center, was only partially built.
It seems unlikely the judge will alter plans to destroy the records.
Twice Brodman has approved the 90day window amid a contentious court battle.
Creditor Indigo DLI Holdings initially refused to cover the costs to access the files following the hospitals’ chaotic and expensive closures. Indigo attorney Kyle Hirsch declined to comment on Johns’ letter to the court.
“It’s very late, and the court has already approved the records-request plan,” Bradley Cosman, the attorney for the court-appointed receiver, said. “I think there will be significant challenges to revising it at this point.”
However, some of the bankrupt hospitals’ records may be preserved.
A statewide health-information exchange, operated by nonprofit Health Current, allows Arizona hospitals and doctors to store and share many types of electronic patient files.
Health Current is negotiating to purchase copies of some Florence and Gilbert hospital files and store them in perpetuity, Melissa Kotrys, the organization’s CEO said.
The organization is not able to store medical imaging such as X-rays but would retain physician notes about the images along with other records, she said.
Gov. Doug Ducey’s office and the state Medicaid program have committed to providing the funding, she said.
The governor took an interest in the records issue after reading about the Florence student’s plight.
Ducey recently aimed to prevent the problems from happening again by signing a law that requires a medical provider to send records to patients before closing its doors.
How to request your hospital records
If you were treated at Gilbert Hospital or Florence Hospital at Anthem, you have until June 23 to request your medical records before they may be destroyed.
1. Download and complete an Authorization For Release of Patient Health Information.
2. Email the form to Resolute Commercial Services at nvhrecords@resolutecommercial.com.
3. You can also request a copy of the record request form by emailing nvhrecords@resolutecommercial.com, calling 480-947-3173, or mailing Resolute Commercial at 7201 E. Camelback Road, Suite 250, Scottsdale AZ 85251.
4. When the records are ready, you must pick them up at Resolute Commercial at 7201 E. Camelback Road, Suite 250, Scottsdale AZ 85251. You will need to provide documentation to validate your identity, such as a photo ID or a power of attorney.
5. If you are unable to pick up records, contact the company to make other arrangements by emailing nvhrecords@resolutecommercial.com, calling 480947-3173, or mailing Resolute Commercial at 7201 E. Camelback Road, Suite 250, Scottsdale AZ 85251.
How to request your hospital records after June 23
The state of Arizona and nonprofit Health Current are working on a plan to store some Florence and Gilbert hospital records after June 23.
If the plan is finalized, patients will be able to request copies by calling Health Current at 602-688-7200.
Volunteer with Call For Action
To become a Call For Action volunteer, email callforaction@azcentral.com or call 602-444-2255 from 11 a.m. to 1 p.m. Tuesday through Friday.
Consumer reporter Rebekah L. Sanders investigates issues of fraud and abuse involving businesses, health-care entities and government agencies. Contact her at rsanders@azcentral.com or follow her on Twitter at @RebekahL Sanders.