Psychologist's records and HIPAA

[CJane]

What is the name of your state? MO

A couple of weeks ago, Stupidhead and I attended an intake interview with a child psychologist in order to determine whether or not our youngest needs assessed for various developmental delays that Stupidhead claims our daughter suffers from.

We were actually kicked out of her office due to Stupidhead's behavior, and the child will not be assessed by that psychologist. She recommended a different psychologist. I haven't contacted him yet and have no idea if Stupidhead has.

I contacted the psychologist the day after the disastrous appointment and requested a copy of her meeting notes, the intake forms that I filled out, the intake forms that stupidhead filled out and anything else that was in the file/relevant. I was very specific.

I received a packet from the psychologist's office on Friday. The ONLY thing they sent me were the intake forms that I filled out.

My questions:

Since no one actually became a patient/client of this psychologist, is ANYTHING covered by either HIPAA or confidentiality?

Because it was an intake interview regarding our daughter, is what Stupidhead filled out considered confidential from ME?

Are these considered medical records even though she's not a medical doctor, and she never saw the child in question?

I want those records, particularly the meeting notes... but I need to know if LEGALLY I have the right to access them.

(And and update - I STILL have not been able to access the children's dental records - seems I'm not their mother)

 

[LdiJ]

What is the name of your state? MO

A couple of weeks ago, Stupidhead and I attended an intake interview with a child psychologist in order to determine whether or not our youngest needs assessed for various developmental delays that Stupidhead claims our daughter suffers from.

We were actually kicked out of her office due to Stupidhead's behavior, and the child will not be assessed by that psychologist. She recommended a different psychologist. I haven't contacted him yet and have no idea if Stupidhead has.

I contacted the psychologist the day after the disastrous appointment and requested a copy of her meeting notes, the intake forms that I filled out, the intake forms that stupidhead filled out and anything else that was in the file/relevant. I was very specific.

I received a packet from the psychologist's office on Friday. The ONLY thing they sent me were the intake forms that I filled out.

My questions:

Since no one actually became a patient/client of this psychologist, is ANYTHING covered by either HIPAA or confidentiality?

Because it was an intake interview regarding our daughter, is what Stupidhead filled out considered confidential from ME?

Are these considered medical records even though she's not a medical doctor, and she never saw the child in question?

I want those records, particularly the meeting notes... but I need to know if LEGALLY I have the right to access them.

(And and update - I STILL have not been able to access the children's dental records - seems I'm not their mother)

There may be no notes. She may not have retained anything since she did not take your daughter on as a patient.

I would show up in person at the dentist's office, with copies of the kids birth certificates and your custody order.

 

[CJane]

There may be no notes. She may not have retained anything since she did not take your daughter on as a patient.

Well, I know she retained the intake forms since she sent me copies of the ones I filled out. Which leads me to believe that she also has the ones that Stupidhead filled out. And... I watched while she made notes on the intake forms as well as in a notebook.

She recommended a different psychologist. If nothing else, wouldn't it be important to have HER notes/records to take to the NEW guy?

I would show up in person at the dentist's office, with copies of the kids birth certificates and your custody order.

That's my next step. They're not open today.

 

[Ozark_Sophist]

The notes are the doctor's notes, and from my own experience, not released to the patient. The doctor's notes are the opinions and observations of the doctor.

Edit- Ok, I reread my post and it sounds dumb. . Do you understand the point I'm trying to make?

 

[CourtClerk]

OS,

Your response made PERFECT sense, but CJane WANTS the psychologists observations to take to court because Stupidhead acted like a stupidhead in front of the psychologist!!!

 

[CJane]

The notes are the doctor's notes, and from my own experience, not released to the patient. The doctor's notes are the opinions and observations of the doctor.

Edit- Ok, I reread my post and it sounds dumb. . Do you understand the point I'm trying to make?

I do. HOWEVER... I know that when I have requested medical records from Children's Mercy Hospital, I have received EVERYTHING in the file including the doctor's notes.

When I get records from their physician (which I do every year), I get copies of all the intake forms for each appointment, any address/contact info updates AND Dr's notes from each visit.... including such 'inane' information as "Child is in extremely good spirits" or "Very happy and expressive child".

Now, I'll grant you that it's possible she doesn't feel as if those things are necessary, but given the situation, and the fact that she only sent me the forms I filled out, I'm unclear on whether I even have the right to demand more information.

My order states:

"Each parent shall have complete access to the child's medical, dental, vision, psychological and psychiatric, and any other health records."

Doesn't COMPLETE access mean EVERYTHING at the doctor's disposal?

And here's another question since I'm on the subject.

Ya know how, on the HIPAA forms, you're allowed to designate 'non-parents' who should also be allowed access to the records, and the ability to receive information from the physician?

Stupidhead always includes his wife on this. I never include ANYONE. Should I make a fuss over this?

 

[Ozark_Sophist]

Did you specifically request case notes?

 

[CJane]

Did you specifically request case notes?

I said "I would like to receive copies of everything in the file, including the intake forms that both myself and Stupidhead filled out, the forms that Stupidhead was filling out when I arrived, the HIPAA forms that I filled out, and the notes that Dr. B took during the session."

There was no room for ambiguity as I've learned by now that 'everything' is apparently open to interpretation.

And lets not forget that I not only didn't receive the Dr's notes. I didn't get ANYTHING except the 'developmental database' paperwork. This was just a form asking things like when the child took her first steps, etc. I didn't even get all the forms that I completed.

 

[Ozark_Sophist]

"Each parent shall have complete access to the child's medical, dental, vision, psychological and psychiatric, and any other health records."

Doesn't COMPLETE access mean EVERYTHING at the doctor's disposal?

There are professional responsibilities involved with case notes, and I'm not sure they are always considered part of the case file as you and I would generally assume.

Mrs. Ozark_Sophist and I are on different professional tracts. I'll ask her when she comes up for air from her studies.

 

[Ozark_Sophist]

I didn't even get all the forms that I completed.

I always check everything on the medical records form, and I never get everything I filled out either.

 

[Bloopy]

I know that in my job at a psych hospital – I’m not a psychologist but I service patients directly- my notes are personal to me but are confidential and cannot include any decipherable patient identifiers. I must translate my jibberish into something reasonable and professional, and it becomes part of the patients’ records monthly. Maybe the psychologist wrote notes that he/she wouldn’t dare let anyone see but I think something had to get transferred to a patient file even if the patient was not admitted.

I’ll ask what the intake responsibilities are at my job and the confidentiality around it.

Imagine if the psychologist had also dubbed your ex Stupidhead with a diagnosis of DAS: Dumb As Sh*t.

 

[CJane]

I know that in my job at a psych hospital – I’m not a psychologist but I service patients directly- my notes are personal to me but are confidential and cannot include any decipherable patient identifiers. I must translate my jibberish into something reasonable and professional, and it becomes part of the patients’ records monthly. Maybe the psychologist wrote notes that he/she wouldn’t dare let anyone see but I think something had to get transferred to a patient file even if the patient was not admitted.

I’ll ask what the intake responsibilities are at my job and the confidentiality around it.

That would be awesome, if you could let me know. I think that I should be able to get copies of EVERYTHING as neither of us was a patient, so nothing WE said should be confidential.

If I'm wrong, so be it, but I'd like to know.

Imagine if the psychologist had also dubbed your ex Stupidhead with a diagnosis of DAS: Dumb As Sh*t.

Well, that would be great for me, wouldn't it?

 

[Ozark_Sophist]

That would be awesome, if you could let me know. I think that I should be able to get copies of EVERYTHING as neither of us was a patient, so nothing WE said should be confidential.

It is confidential to the therapist.

 

[Bloopy]

One way or another, you’ll end up with an edited version… at least for legibility. I’ve written notes that included comments such as “pt. humping banister… licked other pt...” By the time my notes are edited to professional hospital standards- they are pretty bland. Even when I think I’ve polished them up a bit I’ve been called out on my patient notes. The kind of juicy stuff you may be pared down if you see a “published version.”

 

[CourtClerk]

Imagine if the psychologist had also dubbed your ex Stupidhead with a diagnosis of DAS: Dumb As Sh*t.

Well then at least we can say he was professionally diagnosed and there really IS something wrong with him, instead of us just thinking he's an ass.