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SenatorPenguin8081 · Nov 13, 2010, 11:50 PM

Quote:

Originally Posted by (JD)

I'm not an authority on this at all

but I do know that anything T writes down and puts in a file for your treatment is supoenable. The only thing the secretary should be hearing and typing is the basic report for insurance reimbursement. They don't need any details. They get their code numbers, and whether patient is progressing, etc.

In the USA we now have HIPAA ... and what people don't understand is that doesn't protect the patient in the least. It protects the doctor! It allows the doctor to send out your information (because you have to sign the agreement before they see you) and once they send it, they are no longer liable! The third party who receives the information is never liable for what happens to your information.

So they can toss it out with the cat litter if they want for anyone to find.

Yes, it might ruin their reputation for a while if found in the trash...but

However, all reputable psychologists and therapists up on their CEUs etc know full well what is happening in the arena and take advice from the legal experts on how to best protect their patient's and themselves.

Discuss it with T if you have any questions, and get it off your mind early.

Sometimes just the questioning will nudge a less than meticulous doctor into sharpness!

Absolutely right about the subpoena part, having gone through that and ALMOST having to make it public information to the court because I was at one time a part of a court case that was dismissed (thank God!). My T was very blunt about what he would and wouldn't share with the court though. He could legally deny them access to certain material and force the other side to petition the court citing irrelevance etc., which he was prepared to do. Thankfully I never found out what would have happened!!!

Your right--- HIPAA sucks. I'm not a fan. Our laws don't do much for us in some situations. That's why it's so important to have a really good T.