That is such a cruel thing to do.
I hope you get some answers! I would want to know too.
Check the link I added in the other thread as some states my override HIPAA and require therapists to provide the notes:
Individual Access to Medical Records: 50 State Comparison | Health Information & the Law
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Where state law permits access it takes precedence over HIPAA: The provider must permit the patient to see the notes because the state law provides greater rights from the patient’s standpoint for the patient to access psychotherapy notes.
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There are direct links to the state code, so you can find out for yourself. I'm just self-educated, not an attorney but found this site to have a nice summary of this issue.
https://psychnews.psychiatryonline.o...6/pn.43.8.0024
There also may be a loophole where you can have an appointed friend request the notes if she declines. You may be entitled no matter what state you are in if you have a relative sign and send the later, stating they are your agent or representative. Also, if she doesn't give the notes to you--it's not the end of it. She may be required to give you a summary of the notes. And she can't just say you can be harmed with no justification. Even if she says it will cause harm, you may be able to present an argument. In your case, maybe receiving them will prevent harm. Also, if your state requires her to send you the notes, check the state laws to see how to file a complaint against her if she does not because you may need to complain thru the state not HIPAA.
Good luck! and come here for support...
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It is important to keep in mind, however, that although the Privacy Rule allows psychiatrists to deny patients access to psychotherapy notes, it also states that patients may authorize the release of their psychotherapy notes to a third party such as an attorney, another provider, or even a friend, and that psychiatrists must comply with this authorization.
Patients may be entitled to access psychotherapy notes as defined by the Privacy Rule and/or personal notes (or similar term) as defined under state law.
The legal concept of preemption basically means that the federal Privacy Rule preempts (trumps) a contrary state law and must be followed, unless the state law is “more stringent.” More stringent state laws have been defined to include those that grant patients greater rights of access to the record. So, state laws granting greater rights of access to records (including psychotherapy notes, as defined by the Privacy Rule), will not be preempted and are to be followed.
In other words, if state law does not deny patients access to the notes, state law provides greater rights of access to the patient, and state law will apply. This is true even if a psychiatrist covered by HIPAA keeps separate psychotherapy notes that fit the Privacy Rule's definition, because patients have access to those notes under state law, regardless of the Privacy Rule's restrictions.
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