David Aronstein needs his medical records from Holland America. Without them, he can’t file an insurance claim for the treatment he received on a cruise. What’s the holdup?
Question
I was on a one-week cruise from Seattle to Alaska on the Holland America MS Westerdam last year.
I came down with Covid two days before the cruise ended. I received excellent care from the medical team on board.
When I got home, I saw that I had been charged $750 for the Paxlovid treatment I received. I contacted my insurance company and a representative said I needed to submit my medical records from the cruise.
Holland America told me that I needed to fill out a release form and send it to mrecordsrequests@carnival.com, which I did. I have sent it multiple times and never gotten a response. Therefore, I can’t collect the $750 from my insurance company.
Can you help me get my medical records from Holland America? — David Aronstein, Jamaica Plain, Mass.
Answer
I’m sorry your cruise ended with you confined to quarters with Covid. That’s no fun. But I’m happy to hear the Holland America crew took care of you. That care should have extended to your follow-up when you asked for your medical records.
But wait a minute. Holland America should have provided you with medical records at the time of your treatment — and if not then, when you paid for the medical service. (Related: What happens when Holland America changes my port?)
Your case is an important reminder to collect all medical records immediately after you’ve seen a doctor on board. You’ll need them to file an insurance claim. Insurance companies have to see your medical records and a bill in writing if you have any hope of getting refunded. I’ve seen too many travel insurance claims that went nowhere because of insufficient records. Don’t let that happen to you (but don’t worry, you’re in good hands with my advocacy team).
Do you have a legal right to your medical records on a cruise ship?
You might have a legal right to your medical records on a ship. Maritime law, which governs cruise ships at sea, doesn’t specifically address patient access to medical records at sea. However, the ship’s flag state may specify your access to that information. (Related: “A cruise from hell”: Raw sewage in my cabin on Holland America!)
The Westerdam, which is flying under the flag of the Netherlands, says a patient has the right to view their medical records and receive an electronic copy of their record via the internet at no extra charge. (The EU’s General Data Protection Regulation requires it.)
But what if you’re on a ship that’s registered under a flag of convenience, like Liberia or Panama, and is less regulated? You still have some leverage.
Ask the cruise line
Even if it isn’t legally required to provide your medical record, it may, as a customer service gesture, provide your record. Pro tip: It’s better to ask for a copy while you’re still on board. Take a picture with your phone in case you lose the paper copy. (Related: Is this enough compensation? My wife broke her neck, but my cruise line will only give me a 25 percent refund.)
Cite any relevant laws
The Maritime Labour Convention (MLC) of 2006 requires ships to carry medical records, but doesn’t specify patient access rights. Also, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) mandates medical fitness standards but doesn’t address record access. You can throw these around to see if that shakes anything loose with the cruise line. It might.
Enlist your doctor or travel insurance company
Sometimes, your MD or travel insurance provider will have a direct line to the cruise line’s medical records and can help you find the right person. Note: Your cruise line won’t send your records without a release signature, so that may add a level of red tape. It’s probably easier for you to get the records yourself. (Here’s our guide to taking a cruise.)
Remember, while maritime law doesn’t explicitly guarantee access to your medical records at sea, you can usually get your medical records without much of a problem. It should only take a few days to receive your records at most.
Will you ever get your medical records?
It appears all record requests are handled through Holland America’s parent company, Carnival. Carnival also has a page on its site that allows you to submit questions after your cruise, although it’s unclear if that applies to Holland America customers. It looks like you also tried to call Holland America. Calling would be less helpful; you were right to keep everything in writing.
I think you were more than patient with Holland America. You waited 10 months before contacting my advocacy team and me, which is about 9 months longer than I would have waited. You could have enlisted the help of your travel advisor to get the documents. If that didn’t work, you could have also reached out to one of the Holland America executives I list on this site.
I contacted Holland America on your behalf. Within a few hours, it sent the records you had requested.
