Problems Obtaining Mental Health Medical Records

[nessonma]

What is the name of your state? Alabama

A few years back I went to a Psychologist and a Psychiatrist at the same place. I am not a wealthy person and spent large amounts of money on the services there, before I eventually had to stop going due to lack of funds. I know none of that really matters, but I really want to get my records from them for personal use. I figured since I paid so much for the services I would at least be able to access my records. Well, I called them today and asked the receptionist how I would go about getting them and told her I wanted it for personal use, and she said that was not allowed and could only send them to another doctor.

Is there any way at all I can go about getting these records for myself? I say it is for personal use, but it really is important to me to be able to see them. I am not sure if this fits in the right place in the forum, but it was the closest I could find. I am really struggling here and any help would be appreciated.

 

[ecmst12]

Unfortunately HIPAA has an exception for mental health records; they do NOT have to release them to the patient. If you have a new doctor, they do have to release the records to the new doctor when requested. I would suggest making an appointment with the psychologist to discuss your situation and the reason you want the records. If they psychologist is satisfied that you reading your own records will not cause you any harm, you may get him/her to agree to release the records. But mental health treatment records often contain sensitive information that the patient could see as unflattering, or just may disagree with, and it could be damaging to the doctor-patient relationship or the patient's mental health, so the legislators decided to let the mental health providers use their own judgement when deciding whether to release records to a patient.

 

[nessonma]

Unfortunately HIPAA has an exception for mental health records; they do NOT have to release them to the patient. If you have a new doctor, they do have to release the records to the new doctor when requested. I would suggest making an appointment with the psychologist to discuss your situation and the reason you want the records. If they psychologist is satisfied that you reading your own records will not cause you any harm, you may get him/her to agree to release the records. But mental health treatment records often contain sensitive information that the patient could see as unflattering, or just may disagree with, and it could be damaging to the doctor-patient relationship or the patient's mental health, so the legislators decided to let the mental health providers use their own judgment when deciding whether to release records to a patient.

Thank you very much for your explanation, advice and time. The woman I spoke to told me they couldn't release the medical history to me, but your explanation leads me to believe she meant they are allowed to but are not going to right? I mean she said they "can't" and you say that it is there choice to release it or not. She did not even ask my name so I know there was not any thought going into the "choice" of no being made. Do some practices just have a blanket statement of "no" being applied to all requests instead of doing it case-by-case? I mean I called and without them even knowing my name they said "no, we can't" but you are saying they were allowed to, so is there any way of making them evaluate my claim and giving me reasons why they are deciding not to let me see? I know that I live in the real world and most likely the answer is there is nothing really I can do other then the advice you have already given me (which I will take ASAP!) but I am just wondering if there is anything I can do besides that to get them to realse my records to me, or at least make them evaluate my claim instead of just telling me they "can't" when indeed they do have a choice.

 

[ecmst12]

Like I said, make an appointment. If you want individual attention, you're going to have to pay for the doctor's time and explain what you want and why. There's a good chance they could still say no, but maybe you can get whatever questions you have answered in person. I'm sure MOST practices have a general policy to not release records to patients.

 

[nessonma]

I called a family friend who happens to be a lawyer and asked him about it for a second opinion. He said that it was illegal in the sense that if I went to court I would have a 99% chance of winning. He said the way it works is; the reason they will not release the records is because they think it would cause further harm or something along those lines, but since I have not been there in such a long time (years) and have not received any further medical treatment or medication in that time it is not within their rights to withhold it from me.

 

[Zigner]

I called a family friend who happens to be a lawyer and asked him about it for a second opinion. He said that it was illegal in the sense that if I went to court I would have a 99% chance of winning. He said the way it works is there reason for not giving the records is because they think it would cause further harm or something along those lines, but since I have not been there in such a long time (years) and are not receiving any treatment or medication then they do not have the right.

Of course you could go to court for force them to release the records. But, until you do that, they are NOT required to do so.

 

[VeronicaLodge]

I called a family friend who happens to be a lawyer and asked him about it for a second opinion. He said that it was illegal in the sense that if I went to court I would have a 99% chance of winning. He said the way it works is; the reason they will not release the records is because they think it would cause further harm or something along those lines, but since I have not been there in such a long time (years) and have not received any further medical treatment or medication in that time it is not within their rights to withhold it from me.

if you have a friend that is a lawyer in the jurisdiction, why didn't you just ask him/er first?

 

[nessonma]

Of course you could go to court for force them to release the records. But, until you do that, they are NOT required to do so.

Oh, I know that much now since I had it explained by Esmst and yourself, which I am very thankful for. It all seems a bit silly to me though, I mean they can release it to me or not and choose not to; even though I am being told by a lawyer I would have a 99.9% chance of winning in court. I think the whole thing about not releasing it to me because it could cause me "further harm" is outrageous since they deny access without even knowing my name or evaluating the case. But it really is not even about that, since they are given that power of choice they will just deny since it saves them the time and effort. I could "possibly" see MAYBE in some cases how it would "further harm" a patient but clearly in my case it would not so they really do not have the right, and I would win in court. My lawyer friend is drafting a letter to them which he says might and hopefully will get them to just release it to me without having to go to court since he feels its well within my rights to have the records since the exceptions do not apply to me.

I mean I know they have the "right" to deny access to the records based on an evaluation of if it will "cause further harm", but I do not feel its right for a receptionist who does not even know my name to make those calls.

Edit:
if you have a friend that is a lawyer in the jurisdiction, why didn't you just ask him/er first?

Veronica, at the current time I was unable to reach them and was not sure when I would be able to. By sheer chance he ended up calling my brother today out of the blue which got him in touch with me. Regardless though, I still appreciate and benefit from hearing advice from other people who are so generous and gracious with there time in replying to me and helping me. It is nice to hear other perspectives and help from other people. I appreciate all of there help and time, and updated my post to share more information about my case if the people who replied might be interested in hearing what is going on or if someone else stumbles upon this site and has a similar question.

 

[ecmst12]

If your lawyer friend does not deal with the healthcare industry and is not familiar with HIPAA, then he's really not equipped to advise you on this matter. Heck, I just spent 20 minutes trying to find some kind of information about the mental health records rules, and failed. I found them before, but no luck this time. Basically, if you think your HIPAA rights have been violated, you can file a complaint. Instructions for this can be found here:

http://www.hhs.gov/ocr/hipaahowto.pdf

The fact that you are no longer a patient there and have not been for some time has no effect on their rights/obligations regarding releasing your records.

 

[nessonma]

If your lawyer friend does not deal with the healthcare industry and is not familiar with HIPAA, then he's really not equipped to advise you on this matter. Heck, I just spent 20 minutes trying to find some kind of information about the mental health records rules, and failed. I found them before, but no luck this time. Basically, if you think your HIPAA rights have been violated, you can file a complaint. Instructions for this can be found here:

http://www.hhs.gov/ocr/hipaahowto.pdf

The fact that you are no longer a patient there and have not been for some time has no effect on their rights/obligations regarding releasing your records.

He really is not well versed in this kind of affair, but has "some" knowledge of it. He referred me to someone who knows who I just got off the phone with. He told me that I most likely would have a case to force them to release the records, and would help me if needed, but recommended I try other options first. First, being to draft a letter and send it certified explaining the situation and all the details involved and why I think I should have the right to access the files, and request there reasoning for saying 'no" if they still chose to. I really do appreciate your help and am reading all of that information you just posted. I could use all the help and advice I can get. I know to some this may sound like a small issue, but to me it is not since I really feel as though I should have access to them (whether or not the law says) and will fight this to the end, funds permitted.

Edit: Oh and I just want anyone here to know anything I say regarding this is not something I am trying to say is what I know for sure or anything like that. I basically am just trying to let anyone here interested what other lawyers are telling me so you may comment if you wish, and I appreciate. I know the earlier advice stated was to go to a new doctor and maybe they would let me see, but I really do not think I need to go to that type of doctor anymore. The reasons I went in the first place were very small and most of it was taking lots of hugs written tests and such which I was not privy to see the results.

Also, about what you said about me not seeing a doctor since then etc. does not apply, I think the reasoning behind the lawyer friend for saying that was to further prove that me seeing the records would cause no harm to any doctor-patient relationships since there is none and to further show it would cause no harm since there is none, and they would have nothing to base there evaluation on. I really do not know, you could be right, probably are!

 

[nessonma]

Update:
As I stated earlier I had a brief consult with a lawyer in this field, and he advised me to write a letter myself first to make sure my message is heard and to possibly avoid all the fuss of having to get a lawyer. He briefly told me a few things I should mention, but had to go and I would need to go in for an appointment for more advice. So I am drafting my letter, and I am asking for your suggestions and input on what should be changed with it.
--------------


To all parties concerned,

I am writing this letter in response to being denied access to my medical history from this location. I called twice on November 1st; the first requesting my medical history and being told no, and the second after speaking with an adviser. I was still denied access the second time for the reason being
“It could cause harm.” She was referring to what I believe to be an exception within HIPAA, where the Health Care Provider has the right to withhold information if it fits certain criteria. If that is the case I am not sure a receptionist is the most suitable person to be making such evaluation, especially when she did not bother to even ask my name before giving me her reasoning. How can an evaluation of this magnitude or any kind be made without even the simple knowledge of a name?

I am still very much interested in obtaining these records for personal use, as I feel I should be entitled to them considering stated reasoning does not apply to myself. I understand you do not have to comply with my request, but you can; so I am asking you to please do so. I also understand that I do have a case on this issue and was advised to write you this letter to ask you to release the records to myself. If you choose to still deny me access to the records, I would also ask that you please respond with your reasons.

I hope this issue can be resolved as quickly and easily as possible, and look forward to your cooperation and response in this matter.

 

[diamond123]

What state do you live in?...

First let me say I am not an attorney..doctor..anything. I am just a poster on this board that is needing help also.

I live in MO and all I did was sign a release show id's one had to be a picture ID and I didn't have any problems getting my records from a Physcitrist. I did have to pick them up in person..no mail..or noone else could pick them up for me.

Are there someone in the state you could call so you don't have to put money out on attorney fee's?

 

[ecmst12]

The law says they MAY refuse to release psychiatric records directly to the patient. At their discretion.

 

[lealea1005]

The only thing I was able to find that addresses this specifically is Maryland General Health Article 4-304 (which you can google). I'll keep looking....I know it's buried somewhere in all the HIPAA regs.

 

[nessonma]

I have a follow up question. Since they have the right to withhold the information at their own digression, would they be held liable if they gave it to me and something happened? If they gave me the records, or anyone, and the person hurt themselves in some way would the doctor be held liable for that? If they would, is there a certain period of time after seeing the doctor that would not apply?

Basically, I am just trying to understand why they would make such a fuss about not releasing me the records.

Oh and I sent my certified letter today, hopefully that is enough. Although, I am sure all it will be is proof of a formal request.