The former patients of a chain of New Mexico clinics that filed for bankruptcy are having trouble accessing their medical records, and legal experts say consumers may have little recourse. Albuquerque-based Atrinea Health and three affiliated companies that operate a chain of family and urgent-care clinics filed for Chapter 11 bankruptcy protection in May 2015. And a growing number of customers say they are missing medical records. Atrinea's website is still operational although it says all facilities ceased providing patient care on March 18. The site offers a phone number for patients to call with questions regarding their medical records, but a message says the number's voicemail box is full. The website also suggests patients call their providers. Under the Health Insurance Portability and Accountability Act, patients have a right to obtain electronic copies of their medical records, but it becomes a moot point when the entity no longer exists, said Kirk Nahra, a partner and privacy specialist at the Washington, D.C., law firm Wiley Rein. A state medical board may go after a physician's license if he fails to take proper care of patient records if a practice closes, he said. But, Nahra added, “When a company shuts down, they're not worried about an HHS enforcement letter three years later. There is no obligation in HIPAA to keep your business open.”
—Joseph Conn
