HIPAA requests for psychiatric treatment records in Arizona

[robertx]

The solution is simple. Unless you know your psych files paint you as unstable, the way to short-circuit mom's worries is to store your guns in a secure location, pay someone who does it (gun shop?). When mom makes it an issue, produce the slip. Mom has nothing to argue against anymore. Her worries are supposedly resolved. You're out your guns for 10 mos to a year. Low price to pay to see you child.

Good luck.

I hoped I'd made it clear that the issue of guns is simply the low hanging fruit in her quest to do anything and to say anything to win the "fight for her son".

If I get rid of the guns, there will be something else. And no, despite what she said, it would not be merely a 10 month inconvenience, and then everything would be fine. It will go on indefinitely, just with a different contention.

When we went to mediation and she agreed to a 10 month gun hiatus, it wasn't with the understanding that after 10 months, the prohibition would end. It was that we'd return in 10 months to "discuss" the matter further. She has no intention of letting this go.

We went to mediation again yesterday, but it fell apart even before it began. You know why? Because she identified four demands on which she was not flexible: she wants sole legal decision making (she was all for joint when we met for mediation for the first three times). Second thing she wanted was ongoing supervised visitation (something she thought was 'totally unnecessary during the earlier mediations). Third thing she wanted was no guns/reloading equipment/anything related to guns ever. And the last thing she wanted was copies of my mental treatment health records so she could know that I was safe (or, presumably, not safe).

Do I really need to elaborate how wrong this is on so many levels? If there is anything I can guarantee in this world it's that I will never, ever supply her with any kind of treatment records. It's totally inappropriate.

And also, I'm quite sure I never asked 'what should I do with the guns?". What would be discussing had I left that part out?

 

[Just Blue]

I hoped I'd made it clear that the issue of guns is simply the low hanging fruit in her quest to do anything and to say anything to win the "fight for her son".

If I get rid of the guns, there will be something else. And no, despite what she said, it would not be merely a 10 month inconvenience, and then everything would be fine. It will go on indefinitely, just with a different contention.

When we went to mediation and she agreed to a 10 month gun hiatus, it wasn't with the understanding that after 10 months, the prohibition would end. It was that we'd return in 10 months to "discuss" the matter further. She has no intention of letting this go.

We went to mediation again yesterday, but it fell apart even before it began. You know why? Because she identified four demands on which she was not flexible: she wants sole legal decision making (she was all for joint when we met for mediation for the first three times). Second thing she wanted was ongoing supervised visitation (something she thought was 'totally unnecessary during the earlier mediations). Third thing she wanted was no guns/reloading equipment/anything related to guns ever. And the last thing she wanted was copies of my mental treatment health records so she could know that I was safe (or, presumably, not safe).

Do I really need to elaborate how wrong this is on so many levels? If there is anything I can guarantee in this world it's that I will never, ever supply her with any kind of treatment records. It's totally inappropriate.

And also, I'm quite sure I never asked 'what should I do with the guns?". What would be discussing had I left that part out?

I get that you are angry...Don't take it out on volunteers that offer advice.

 

[robertx]

What I'm saying is that Dad hasn't said what the findings were that resulted in supervised visits. It may be COMPLETELY UNRELATED to the guns, or the diagnosis, or anything else he's mentioned.

And regardless, he's NOT going to get the supervision lifted or change the course of things by getting rid of his guns if he's refusing to/claiming he can't afford to see his child under the court's specific restrictions.

Let me clarify. The supervised visitation was NOT ordered by the court. So far, there have been no hearings and no orders by the court except to advise of the upcoming hearing.

The reason we have an agreement (which was signed off by the court) is that my former attorney suggested it as a way to "build trust with the mother" since the mother had claimed to be "terrified" of me (for reasons that are mysterious).

As part of that, my attorney suggested that due to my rather meager means, she would request that court use a special fund to pay for the visits. However, she never did file that request. This was this past May.

In early July I asked my attorney about the status of this and she mumbled something about "there's been a change in the judge, and the motion probably got lost, blah blah". So then I asked her to file it, please. But then the attorney money ran out (as did my patience with this attorney), and she still had not filed it.

So I filed it. As of today, it has not been reviewed by the judge.

 

[robertx]

I get that you are angry...Don't take it out on volunteers that offer advice.

I'm not angry, just frustrated. Point taken.

I almost forgot the reason I checked in today. If a judge issues a subpoena for my mental health treatment records, is it issued to me as an order to obtain them for the court, or am I directed to sign a HIPAA release form for the court to request and obtain the records?

About a month and a half ago, the mother's attorney sent me some interrogatories (which I think I detailed somewhere upthread). She had requested that provide 5 signed HIPPA release forms. I declined, citing concern for my privacy (VA would not have honored them anyway). But here's the thing. VA is the exclusive provider of all my healthcare, and like I said, they will not honor those types of requests. Only the veteran can release records, even if a subpoena exists.

Please to not take this to mean that there is damning information in those records that I'm trying to hide, because there is not. However, I'm not inclined to share information that is given with the expectation of privacy and confidentiality. Conversely, I would not be inclined to be candid with my providers if I could not count on that privacy and confidentiality.

 

[LdiJ]

Let me clarify. The supervised visitation was NOT ordered by the court. So far, there have been no hearings and no orders by the court except to advise of the upcoming hearing.

The reason we have an agreement (which was signed off by the court) is that my former attorney suggested it as a way to "build trust with the mother" since the mother had claimed to be "terrified" of me (for reasons that are mysterious).

As part of that, my attorney suggested that due to my rather meager means, she would request that court use a special fund to pay for the visits. However, she never did file that request. This was this past May.

In early July I asked my attorney about the status of this and she mumbled something about "there's been a change in the judge, and the motion probably got lost, blah blah". So then I asked her to file it, please. But then the attorney money ran out (as did my patience with this attorney), and she still had not filed it.

So I filed it. As of today, it has not been reviewed by the judge.

Dad, something you need to understand is that if a judge signed off on an agreement then its a court order. It doesn't matter if a judge ordered it or if it was an agreement, its still a court order.

 

[stealth2]

Please to not take this to mean that there is damning information in those records that I'm trying to hide, because there is not. However, I'm not inclined to share information that is given with the expectation of privacy and confidentiality. Conversely, I would not be inclined to be candid with my providers if I could not count on that privacy and confidentiality.

However, then you should not be surprised for the court to give Mom what she's asking.

 

[Proserpina]

What makes you think that your records can only be released with your consent? Your understanding is flawed.

Let's take VA dental as an example: http://www.deltadentalvadip.org/privacy.html

Key points:

Disclosures Without an Authorization

We are required to disclose your PHI to you or your authorized personal representative (with certain exceptions), when required by the U. S. Secretary of Health and Human Services to investigate or determine our compliance with law, and when otherwise required by law. Delta Dental may disclose your PHI without your prior authorization in response to the following:

Court order;
Order of a board, commission, or administrative agency for purposes of adjudication pursuant to its lawful authority;
Subpoena in a civil action;
Investigative subpoena of a government board, commission, or agency;
Subpoena in an arbitration;
Law enforcement search warrant; or
Coroner’s request during investigations

Do you still think the VA will ignore a subpoena without your consent being attached?

Heck, here's the VA's entire statement. It does not mean what you appear to think it means.

http://www.va.gov/vhapublications/viewpublication.asp?pub_id=1089

 

[robertx]

What makes you think that your records can only be released with your consent? Your understanding is flawed.
No, I don't think it is. My source is someone in VA's ROI (release of information office) who is quite familiar with this.
Dental records hardly have the same privacy requirements as do mental health records.

Let's take VA dental as an example: http://www.deltadentalvadip.org/privacy.html

Key points:




Do you still think the VA will ignore a subpoena without your consent being attached? Yes. They will not release mental health records without the veteran's permission, except in special circumstances (such as a court order by a federal judge, and even then, not always). I'll find the cite and post it later.

Heck, here's the VA's entire statement. It does not mean what you appear to think it means.

http://www.va.gov/vhapublications/viewpublication.asp?pub_id=1089
And yet from that same statement, we see this: "Your signed written authorization is always required to disclose your psychotherapy notes if they exist."

What exactly is your expertise here? Really, I'm interested.

 

[robertx]

However, then you should not be surprised for the court to give Mom what she's asking.

Well, I would be surprise since most of what she is alleging is a series of unsubstantiated allegations, outright lies, or gross distortions and exaggerations. And I would also be surprise since neither my social worker, whom I see weekly, nor my psychiatrist would support any of the allegations that I'm a danger, or that I'm irresponsible, unsafe, or the myriad other allegations. The best the mother and her attorney can muster is "we have concerns about his mental health", as if they have the credentials to speak about it in any kind of credible or meaningful way.

 

[robertx]

Dad, something you need to understand is that if a judge signed off on an agreement then its a court order. It doesn't matter if a judge ordered it or if it was an agreement, its still a court order.

Maybe so. And yet the mother was somehow fine with me having our son for 4 days without fear that I was a danger, as previously alleged, until she changed her mind. Then, the supervised visitation turned into no phone calls. But then just today, she drops him off at scouts, a half hour early so we could "hang", and then leaves, which was clearly unsupervised visitation. She's erratic and inconsistent, and that would seem to poke holes in the allegations that I"m a danger because she's "terrified of me"...and whatever else.
Look, I was married to her for 8 years. It's not like any of this really a surprise. I've been through this more times that I care to remember.

 

[Proserpina]

Let's try again.

The VA is going to give them the information the second they receive that subpoena. And given the circumstances, the court will issue the subpoena.

But even if that wasn't the case, you perhaps need to realize that there is a difference between "Psychotherapy notes" and "diagnostic and treatment information" - at least as they pertain to protected information and consent.

(There's actually a decent reason for this - if you need me to explain, just let me know)

Oh - how do I know? I'm the one who witnessed her adult child (she's a Vet), going through this during her custody, medical records & court room fiasco.

Sing it.

 

[ajkroy]

Remember, she was married to you for eight years, too. If her goal is to keep you away from your son by pushing all the right buttons and getting you so riled up and indignant that you make a stand, then she succeeded beautifully.

As a parent, I don't get your principles. I would allow myself to be publicly flogged if it meant the difference of having a relationship with my child.