[Protoform]

this one refused to give me a copy of a report because I'm not trained to interpret it and she is not allowed 'by law' to give it out to patients.

why do I punish myself with these people?

I don't have these problems with my doctors or anyone else I interact with.

It's always these *********s who like to play all these retarded power games with people. I wonder who should be in therapy

[arcangel]

this one refused to give me a copy of a report because I'm not trained to interpret it and she is not allowed 'by law' to give it out to patients.

I don't see the problem there.

[Protoform]

Originally Posted by arcangel

I don't see the problem there.

The problem is that absolutely no harm can come out of my having access to that report, so their refusing to give it to me is just plain cruel and retarded.

If it's the law, it's the law.

The therapist can probably go over the report with you, but if he/she may not be at liberty to actually give you a copy of the report protocols.

[Protoform]

Originally Posted by farmergirl

If it's the law, it's the law.

According to the law patients have the right to access their records.

[Flooded]

Originally Posted by Protoform

According to the law patients have the right to access their records.

That's true in Australia, but the records are still the property of the therapist.

[Protoform]

Originally Posted by Flooded

That's true in Australia, but the records are still the property of the therapist.

So? I didn't ask her for the only copy she owns. She can still give me a copy and I can pay for that copy and the time spent making it.

[Flooded]

Good luck with that

[arcangel]

Originally Posted by Protoform

According to the law patients have the right to access their records.

Is this report actually part of your medical records in a legal sense? Do you have a good reason for needing access to this report? If so then maybe you need an attorney.

[TinaL]

I don't know but in my experience it is always a chore to get records. Sorry you're having a difficult time.

I kinda think that you actually have a right to access your records.Can you look into your legal rights as they pertain to whatever town...country you reside in??

[PreacherHeckler]

Assuming this is accurate information that I just pulled off some lawyer's blog, it appears that you do have legal access to everything in your chart. The exception would be her notes, IF they were kept separate from your chart, because they are her personal property.

"Federal law provides that patients and family members shall have access to medical records pursuant to the privacy section of the Health Information Portability and Accountability Act (HIPAA). However, there is an exception which allows health care providers to withhold certain records including psychiatric records provided that an explanation is given to the patient. The psychiatric records that can be excluded from disclosure to the patient are the psychiatrist's psychotherapy notes. Psychotherapy notes are defined as “notes recorded in any medium by a health care provider who is a mental health professional documenting or analyzing the contents of a conversation during a private counseling session or a group, joint, or family counseling session.”

The basis for this is that these notes are not the product of the patient but those of the mental health professional. They are personal notes belonging to the professional. There is a qualifier for the exclusion to apply and that is that the notes can only be withheld if they are kept separate from the patient’s medical chart. The medical chart could include symptoms, diagnosis, testing, treatment, etc. - anything that one would find in a typical medical chart such as that of a primary care provider or an internist.

The short of it is that HIPAA requires that the psychiatrist in the hypothetical provide the patient with a copy of his medical chart, which would likely include documents reporting his medical and physical presentation and history, symptoms, diagnosis, testing, treatment, etc., and any psychiatric notes included within these documents within the medical chart that are not kept separately. The physician in the hypothetical has violated the law.

The patient should send a letter signed and dated before a notary requesting copies of his medical chart pursuant to HIPAA. The physician should respond in writing with an explanation. The patient can expect to pay a fee for the chart and this fee will be capped by law. Often the provider will contact the patient to see if they are financially capable of paying the fee in advance. If the patient receives a redacted medical chart, he can then follow-up with a request for the omitted sections because they were not kept separately from the medical chart. If there are portions of the chart that are in his view incorrect or in error, he can then follow-up with correspondence in that regard, again looking to HIPAA for the procedure on correcting the errors."
Renee C. Walsh, Attorney
©2008www.lawrefs.com

[Protoform]

Originally Posted by PreacherHeckler

The patient should send a letter signed and dated before a notary requesting copies of his medical chart pursuant to HIPAA. The physician should respond in writing with an explanation.

How much would a notary charge for writing his/her signature on the letter? Anything?

[PreacherHeckler]

It depends. At my bank it's free for account holders, and it's a couple of dollars for people who don't have an account.

[Protoform]

Originally Posted by PreacherHeckler

It depends. At my bank it's free for account holders, and it's a couple of dollars for people who don't have an account.

And you find notaries at banks? Any other place where you can find them?

(Too lazy to google)

[Squirrel1983]

Some schools have notories for students use at a discounted fee.

[PreacherHeckler]

Yeah, town and city clerks offices, and county clerks offices.

I think I've used a notary at a mailbox place before. I think I've seen signs for them at some check cashing places.

[ECHOES]

I'm sorry for your frustration and disappointment with the psychologist and the test results.

My medical doctor used to make me laugh when I would ask for a copy of my test results and he would lay them on the desk for me and at the same time tell me he was not permitted to do that. But then, we had already gone over each test result by then.

I wonder if you can see the behavior as a caring gesture too. I know it makes you angry and it seems stupid to you that she won't hand them over. But I do think the policy is there to protect a patient from being frightened by the results, especially since most of us truly do have no training to interpret them and put them in perspective. It can be very hard to hear some of the things that we look at in therapy, and those kinds of things may be part of the results.

We are complex individuals, with many facets, some good and some not so good. The same reason we keep parts of ourselves hidden from others is why viewing results that may shine the light on those very things something we'd be better doing with someone there to help us understand what it's all about, to offer us information and reassurance.

So, since they said you could review them with someone, do you have an appointment to do that? You must be so curious!

[Protoform]

This is what I get for working with psychologists. This **** is gonna set me back $500-$1000, but if that's the cost of getting some peace of mind, I'm more than willing to pay it.

[scorpiosis37]

Originally Posted by Protoform

This is what I get for working with psychologists. This **** is gonna set me back $500-$1000, but if that's the cost of getting some peace of mind, I'm more than willing to pay it.

What is the $500-1000 for?

Proto,can you give me the name of the state you reside in and your medical insurance companies name (Just the name of the insurance)?I will research it.It simply doesn't sound right.If you choose not to,or want to private message it,either way is quite alright.But my lawyer,when I was fighting for ssd for my son,obtained records at a very minimal cost.I can research that for you too.Dependent on the area...it needs to be looked at ,what the cost of having an attorney to obtain these for you is.I bet We could find one who will obtain them for less than what you are currently about to do.Think about it ok?WO.olf

[PreacherHeckler]

In the past there were providers who tried to circumvent the law by charging patients hundreds and even thousands of dollars for copies of their records. My understanding is there are now federal regulations in place to prevent that from happening, but there will still be providers who try to get away with it if they think they can. And there are still going to be providers who try to "accommodate" patients by going over the records together but not actually allowing the patients to have their own copies. From what I've read that's also in violation of the HIPPA laws regarding patients' access to their medical records. I've heard (but don't know if it's actually true) that mental health providers are often the worst offenders because some of them believe that patients/clients have neither the financial resources nor the emotional stability to push forward with legal action after they are first denied access.

[dizgirl2011]

Hi Protoform,

I know that as the stuff above says, the notes of a mental health professional can be witheld if the psychiatrist feels that access to them may cause more distress. You say it will cause you no harm but you do not know what is written in the record, it could be something you disagree with, causing you to get even angrier than you already are.

Most of your posts hold a great deal of anger in them, have you ever researched some type of anger control classes?

x

[lastyearisblank]

Originally Posted by PreacherHeckler

In the past there were providers who tried to circumvent the law by charging patients hundreds and even thousands of dollars for copies of their records. My understanding is there are now federal regulations in place to prevent that from happening, but there will still be providers who try to get away with it if they think they can. And there are still going to be providers who try to "accommodate" patients by going over the records together but not actually allowing the patients to have their own copies. From what I've read that's also in violation of the HIPPA laws regarding patients' access to their medical records. I've heard (but don't know if it's actually true) that mental health providers are often the worst offenders because some of them believe that patients/clients have neither the financial resources nor the emotional stability to push forward with legal action after they are first denied access.

Wow, really? That's really interesting. IMO if you don't have access to your psych records, they're not real records. Medical records refer to facts. Facts about your body. I know in the old days doctors would be allowed to hide it from patients if they had cancer and stuff, but gosh. Nowadays if you are really sick your doctor can not keep it from you right? I'm not saying it's right for therapists to not share their notes but maybe there's a sort of poetic justice to the fact most people don't take psychology as seriously as a medical treatment.