obtaining mental health records

[analogmonster]

What is the name of your state (only U.S. law)? California

I am a resident of California. I wish to obtain copies of my own mental health records from another state. Specifically Utah.I wish to have them sent directly to me. Their release is a requisite by the FAA. What is the extent of my rights at the federal and state levels?

*the records are from over 10 years ago
* I was a minor under treatment
*the facility receives at least some government funding (does that matter?)

 

[Zigner]

Have you asked the facility for the records?

 

[CdwJava]

What is the name of your state (only U.S. law)? California

I am a resident of California. I wish to obtain copies of my own mental health records from another state. Specifically Utah.I wish to have them sent directly to me. Their release is a requisite by the FAA. What is the extent of my rights at the federal and state levels?

*the records are from over 10 years ago
* I was a minor under treatment
*the facility receives at least some government funding (does that matter?)

Call the facility and ask what they would need from you in order to release your records to you.

 

[ecmst12]

I believe 10 years is the maximum time that they are REQUIRED to maintain the records, so it's possible that they don't have them anymore. And for mental health records, if the person who treated you feels it would be detrimental to your mental health for you to see their actual notes, they don't have to release those notes to you. They would only be required to release basic information like dates of treatment and diagnosis and procedure codes.

 

[analogmonster]

I called first to ask for the address to which I should send a written request and what information I need to send. The clerk was hesitant to give me the address and did not actually provide me the information I would need to submit. The clerk was also rude,while presenting the situation as though it would be a daunting task for me to obtain the records directly.

This is very recent, and I have only sent my written request today after further research. So as it stands there is no conflict. However I would like to learn more, to be prepared for any obstacles. I am also curious, as I have not found any documentation specific to my circumstances.

I am aware that mental health records can be withheld if their inspection poses risk to the client/patient. And I am aware there is no right to psychotherapy notes under HIPAA privacy rule. However in california, the scope of my rights ( as I interpret H&S code 123100-123149.5 ) appear to be more empowering. But, what laws apply? Is it the laws of the state I live in now? The state of the facility? Does the location of the insurance provider matter? And if there is a diagnosis on the record I disagree with, are there methods to contest them? As they may effect the outcome of my application to the F.A.A?


It is likely that the records no longer exist, as the required time for retention is 7 years in Utah. However if they do exist, and I am denied their inspection, and they may only be transferred directly to professional, I would like to see them before I voluntarily submit them to the FAA.

It should be noted I have not been under therapeutic car for over a decade, and to secure a professional solely for the purpose of file transfer would be prohibitively expensive.

Am I being clear? Do I have any clue what I am talking about? Responses appreciated.