GratedTopping
Junior Member
What is the name of your state? New Jersey
In the facility I have been attending at times, I was told that the records wouldn't be released to me because it was contraindicated. However, before I even asked, the director of the program told me that they could still be released to my mother or another close relative. After I did the correct procedure in August 2005, the facility changed its mind and refused to release to my mother. I had to then appoint my attorney at the 'legally authorized representative', which my mother previously was. Since I am on Social Security Disability, this was very annoying. Eventually, their attorney agreed to accept an agreement which would release the facility from liability. I signed this in the middle of November 2005 -- and whomever was supposed to sign on behalf of the facility still hasn't and their attorney is ignoring multiple calls from my attorney. He told me the next step would be for him to file in court to compel them to comply; this would be around $1000.
I have left the place on February 9th. I had actually been informed months ago that, upon discharge, they would still not want to release the information to me. Medicaid had an investigation into the matter a couple months ago; they concluded that the center was correct in their decision although the records showed that they 'backtracked'. In a letter sent to me, they stated
NJAC 10:37-6.79(4ii) [Division of Mental Health Services/Community Mental Health Services Regulations]. This mentions 'A client currently receiving services from an agency is entitled to inspect and/or receive a copy of his/her own clinical records unless the client's treating clinician certifies to the director of the agency that such would be seriously harmful to the client's treatment or health.' I continues to mention that reasons for the denial are to be explaind to the client -- and this was denied to me; even the reason, apparently, is supposedly detrimental. They advise me to focus more on my treatment and not on how they 'run the place'.
After I obtained a copy of the law given, I read further at NJAC 10:37-6.79
(4ii) that 'A client who formerly received services from an agency is entitled to inspect and/or receive a copy of his or her records.'
When my attorney requested the records, NJAC 8:43f-3.23(d) was mentioned which stated that if release is contraindicated, records are to be released to a legally authorize representative.
I have been discharged on the 9th of February, with their recommendation that I am not a danger to myself or anyone else; they feel I would do best with one-on-one; and no group therapy.
I'm not interested in money; I only want the records and have this behind me. Now that I am no longer a patient, shouldn't they definitly comply? I want to know what others think, especially about how they haven't complied within 30 days to release the records to my attorney.What is the name of your state?
In the facility I have been attending at times, I was told that the records wouldn't be released to me because it was contraindicated. However, before I even asked, the director of the program told me that they could still be released to my mother or another close relative. After I did the correct procedure in August 2005, the facility changed its mind and refused to release to my mother. I had to then appoint my attorney at the 'legally authorized representative', which my mother previously was. Since I am on Social Security Disability, this was very annoying. Eventually, their attorney agreed to accept an agreement which would release the facility from liability. I signed this in the middle of November 2005 -- and whomever was supposed to sign on behalf of the facility still hasn't and their attorney is ignoring multiple calls from my attorney. He told me the next step would be for him to file in court to compel them to comply; this would be around $1000.
I have left the place on February 9th. I had actually been informed months ago that, upon discharge, they would still not want to release the information to me. Medicaid had an investigation into the matter a couple months ago; they concluded that the center was correct in their decision although the records showed that they 'backtracked'. In a letter sent to me, they stated
NJAC 10:37-6.79(4ii) [Division of Mental Health Services/Community Mental Health Services Regulations]. This mentions 'A client currently receiving services from an agency is entitled to inspect and/or receive a copy of his/her own clinical records unless the client's treating clinician certifies to the director of the agency that such would be seriously harmful to the client's treatment or health.' I continues to mention that reasons for the denial are to be explaind to the client -- and this was denied to me; even the reason, apparently, is supposedly detrimental. They advise me to focus more on my treatment and not on how they 'run the place'.
After I obtained a copy of the law given, I read further at NJAC 10:37-6.79
(4ii) that 'A client who formerly received services from an agency is entitled to inspect and/or receive a copy of his or her records.'
When my attorney requested the records, NJAC 8:43f-3.23(d) was mentioned which stated that if release is contraindicated, records are to be released to a legally authorize representative.
I have been discharged on the 9th of February, with their recommendation that I am not a danger to myself or anyone else; they feel I would do best with one-on-one; and no group therapy.
I'm not interested in money; I only want the records and have this behind me. Now that I am no longer a patient, shouldn't they definitly comply? I want to know what others think, especially about how they haven't complied within 30 days to release the records to my attorney.What is the name of your state?