Thread: just don't know
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Old Sep 03, 2005, 02:37 AM
Anonymous29319
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there is a federal law called HIPPA privacy law that states no medical or mental treatment professional can release any information right down to the fact that they are treating you without your permission. I found out about this law when a DHS caseworker found a therapy letter sealed and addressed to my therapist in a box of Items for my son. Due to the caseworkers harrassment my therapist was the person who was dropping off my things for my son. I had given her the things but forgot to tell her the therapy information was in the there. Long story short the caseworker admitted in court that she saw it was addressed to my therapist and opend it she claimedthe envelop was not sealed but could not prove that to the judge because she told told the judge she threw the envelop away. after opening the letter she made copied and distributed them to various people on the case. she had no writtenor verbal permission from me or my lawyer to do this. where is she now? fired and can no longer work for DHS agencies because this was one of many laws she broke on my case and others. anyway when I contacted the civil rights office because they are the ones that investigate HIPPA breaches I was told that my therapist at that time could very well be held accountable for breaching HIPPA laws also if I chose to prosecute. because EVERYTHING I tell her, show her, my files she keeps on me and so on are strictly confidential and in order for ANYONE and my therapist to have conversations about me or release of my files there must be an active release form on file signed by me giving the exact information as to who is contacted or my file gets released to. This release form miust be updated and resigned every 6 months.

If you think you are in danger of being hospitalized there is a form called Declaration For Mental health treatment. This paper wont prevent you from being hospitalized if 2 psychiatrists (2 psychiatrists agreement is what is needed for involuntary commitment) state you have to be hospitalized, but it will allow you to remain in control of your treatment plan while in the mental health units. The first couple pages is choosing who your representative is in case you are unconscious or otherwise deemed too unstable to consent or withhold treatment decisions. The next page you fill in the things you DO concent to during your stay on the unit (medications, the facility of your choice, the types of groups and counseling you are willing to participate in, ECT if you want that option. and so on) The next page is for listing the things you DO NOT want to be a part of your treatment plans (medications, ECT, any allergies, groups you refuse to participate in and so on) The next page is for listing any additional information like diet, religious, physical and mental health history, what you think will help you while in the hospital when you get upset and so on.
then the paper must be witnessed by two people as you sign it, your representative must sign it and then you make copies for your therapist /therapy agency, representative, and primary physician. With three hospitalizations behind me two were involuntary I filled in that form just as fast as my therapist said the agency was asking that their clients either fill it out or sign a weiver that they don't want a declaration for mental health care on file. Once the paper is signed dated and distributed the ONLY person that they can contact in an emergency is your representative. and that representative MUST follow what you wrote on the form when making decisions for you if you cannot. make those decisions for yourself. No more restraints and threats of ECT for me for refusing haldol or a sleeping pill (or fbecause they woke me up to give me a sleeping pill) on a unit where it is a standard protocal for all. Best of all my relatives can not interfere with my treatment plans and programs since they are not my representative.