[justbreathe1994]

I did a big thing and I reached out to my former T, who I saw for about 6 years, and asked her for copies of my notes. I grew so very attached to her as well (seems to be a common thing for me) and she didn’t know how to handle it, so she emded it abruptly through a letter saying that she would no longer have any contact with me. That was it. And I was heartbroken. To find out that she’s legally obligated to respond to request for notes, I am waiting on pins and needles. I actually have a feeling she’s just going to hope that this all goes away and not respond, but I really want my records from her. If she doesn’t respond, what do I do? I don’t have money for a lawyer but I could always make a legal threat to her so that she takes my request seriously.

[atisketatasket]

Under HIPAA I think she has 30 days from receipt of your request to respond, either with your records or with an explanation why she thinks you shouldn't have them. (Which I think can be appealed to her licensing board.)

She doesn't have to give you her "psychotherapy notes," but she does have to explain why.

You don't need a lawyer. If she ignores you can report her to the Department of Health and Human Services, which oversees HIPAA.

This is of course not official legal advice, just based on my own experiences.

[justbreathe1994]

Originally Posted by atisketatasket

Under HIPAA I think she has 30 days from receipt of your request to respond, either with your records or with an explanation why she thinks you shouldn't have them. (Which I think can be appealed to her licensing board.)

She doesn't have to give you her "psychotherapy notes," but she does have to explain why.

You don't need a lawyer. If she ignores you can report her to the Department of Health and Human Services, which oversees HIPAA.

This is of course not official legal advice, just based on my own experiences.

Thank you atisketatasket, that was helpful. Do you know if I have to send her the request in the mail in letter form with my signature or is it sufficient to request over email?

[fille_folle]

I would send via certified letter.

Do you have support to help you process what you will read?

[atisketatasket]

Originally Posted by justbreathe1994

Thank you atisketatasket, that was helpful. Do you know if I have to send her the request in the mail in letter form with my signature or is it sufficient to request over email?

Originally Posted by fille_folle

I would send via certified letter.

Yeah, I sent mine signature confirmation. It lets you start the 30-day count because you know when they got it and you know that they got it.

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

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.

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...

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.

[precaryous]

Originally Posted by fille_folle

I would send via certified letter.

....And save a copy of the letter for yourself

[justbreathe1994]

Does it matter if the letter is typed and mailed? Or should I handwrite it? Regardless, I would still handwrite my signature.

[maybeblue]

I'd type it and make it sound as professional and non-emotional as you can. I'd also say in the letter that you expect a response by a certain date (probably 30 days) and give your address and phone number.

I would make sure that you are OK to read the notes if she does provide them...that you have someone to talk to about it, etc. I recently had a horrible experience with a medical doctor and requested the notes from that visit. I found them very upsetting...mostly because he lied about some things. But that was just one visit...6 years is a long time.