Psychologist's records and HIPAA

[CJane]

It is confidential to the therapist.

And this is what I'm curious about.

This was an intake interview. My child was not even accepted as a patient at this point.

To ME, what I'm requesting is no different than the records I have stating "Father brought child in to see Dr. X. Child complaining of stomach pains and headaches."

We were given EXACTLY the same forms to fill out. I wish to receive the ones he filled out and the ones I filled out.

TO ME, I do not have my child's 'complete' record without both versions. AND, I don't feel that I can adequately speak to a NEW psychologist and make an appointment without knowing EXACTLY what he is claiming is wrong with her.

She did not meet with my child. I am not attempting to 'get my hands on' ANYTHING resembling therapy notes or anything else that would normally fall under the confidentiality laws (at least, I don't think I am). I am, first and foremost, simply seeking intake forms so that I continue to have complete medical records for my children. The Dr's notes would be a bonus, even if all they say is "Stupidhead appeared agitated" or "Parents clearly do not communicate" or "Father has made multiple hotline calls to DSS"

 

[casa]

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.

aqaahhhh back in the days of S.O.A.P. charting! LOL

 

[Ozark_Sophist]

Wouldn't you know it? One of my classes is discussing this very topic this week. From my textbook, "Under HIPPA Medical Privacy Rule (2003), 'Psychotherapy notes have a particular protection under HIPPA. The release of those notes requires special, seperate authorization. Psychotherapy notes must be kept seperately in client files, and meet other critieria to be protected....Under HIPPA, client access to psychotherapy notes is restricted...[and] HIPPA recognizes the validity of professional standards...and in some cases, those provisions mayu be more strigent than HIPPA."

When we get to this section in class, I'll ask for a more specific reason (probably be thursday before I talk to the right professor).

 

[Ohiogal]

Wouldn't you know it? One of my classes is discussing this very topic this week. From my textbook, "Under HIPPA Medical Privacy Rule (2003), 'Psychotherapy notes have a particular protection under HIPPA. The release of those notes requires special, seperate authorization. Psychotherapy notes must be kept seperately in client files, and meet other critieria to be protected....Under HIPPA, client access to psychotherapy notes is restricted...[and] HIPPA recognizes the validity of professional standards...and in some cases, those provisions mayu be more strigent than HIPPA."

When we get to this section in class, I'll ask for a more specific reason (probably be thursday before I talk to the right professor).

SUBPOENA should do it.

 

[CJane]

SUBPOENA should do it.

Well, yeah.

BUT... and here's the sticking point that I think makes it so I shouldn't need any of that...

These are NOT 'psychotherapy notes'. This was NOT a therapy session. Neither my ex nor I are or were possibly becoming patients. She was interviewing us to determine what, if any, testing my kid needed.

And those notes aren't the only thing I want. I also want the forms that my ex filled out. I believe that these are the 'complete records' that I am entitled to.

I'd really really like to know if I'm incorrect before sending the infamous delta bravo letter off to them.

 

[MrsK]

So your ex is saying your child has developmental delays, wont tell you what exactly he thinks or why, but filled out this info on the paperwork & you didnt get the papers? And/or the notes she made?

What do you think the notes might say?

Sorry, I'm just trying to figure this out 100%.

Have you thought about calling her & just ASKING for those things?? Sorry if you answered this already, I admit I didnt read every post in the thread.

 

[Bloopy]

Well I visited our intake specialist today and found,

What you filed out is yours. What he filled out is his. It’s not considered a medical record because the child was never taken on as a patient. There should be some sort of letter indicating that the child was not “accepted”. Anything else – like the therapists notes - is unlikely to exist formally and there is no obligation to provide it to you. These are national standards. Sounds like you already got what you are entitled to.

The complete panic I caused by simply asking was entertaining. You’d think I came in with an army of salivating, axe wielding lawyers.

I agree with the idea of just following up and asking the therapist. If you feel that he/she may offer something valuable then move on. Play nice.

Ohiogal: Subpoena what exactly? If she subpoenas his intake forms wouldn’t he have to opportunity to squash? Sounds like he'd squash for the sake of being an @ss. Intake notes may not even exist.

 

[Ohiogal]

Ohiogal: Subpoena what exactly? If she subpoenas his intake forms wouldn’t he have to opportunity to squash? Sounds like he'd squash for the sake of being an @ss. Intake notes may not even exist.

She can subpoena all information the therapist has regarding this meeting, child and parents.
He could try to squash but that is not automatic and the judge would actually be the one squashing the subpoena. There needs to be a legal reason as well for squashing.