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Old Apr 16, 2018, 06:00 AM
healinginprogress healinginprogress is offline
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Member Since: Jul 2017
Location: USA
Posts: 394
Quote:
Originally Posted by justbreathe1994 View Post
I thought some state laws trump federal laws? In a circumstance where T could use their discretion and not give away the notes, I also read they would have to give the notes to the Ts current therapist. That way, the current therapist would be able to go over the info with the client and support them (if it was hard to read and/or “harmful”). I’m having trouble understanding what is considered “harmful”. In my experience, I’d want to know whether it was hard to read or not.... just like a medical notes, I don’t see reading therapy notes as causing damage, unless the therapist was lying. In that case, that would be a problem with the therapist and not me reading the notes. I was actually thinking about reaching out to my old T for her notes, but I’m not sure if she’s legally obligated to sending me them since she told me she’d never contact me again. Does anyone know if Ts are legally obligated to provide their notes in certain US states? And if so, which ones?
Yes, you are correct, state law does trump federal law but only when making laws stricter. For example, the FBI could raid every dispensary in Colorado because even though marijuana is legal in the state it's still illegal at the federal level. In this case, I don't think that laws can loosen the restrictions on HIPAA, only make them tighter.

And yes, there is recourse for the client if the therapist wants to deny access. To expand a little, I believe that the client can have it go to any therapist, not just one that they're seeing currently. And that therapist then decides what to share and not share.

I think your T would be obligated to respond to your request, but I don't think they would have to share their psychotherapy notes in all honesty. They are required to share treatment records though, and those include diagnosis, prognosis, medication, functional status, modalities, frequency, etc.
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Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.

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Thanks for this!
HD7970GHZ, justbreathe1994