OT: Psychiatrist won't release my med. records to me?

Discussion in 'Fibromyalgia Main Forum' started by Lendy5, Sep 13, 2006.

  1. Lendy5

    Lendy5 New Member

    I am in the process of gathering all of my medical records and when I contacted my Psychiatrist they informed me I cannot view them or receive them?

    I thought I had a right to review or get a copy?

    Appreciate any replies.

    Love & Hugs!

    Carolin
  2. StephieBee

    StephieBee New Member

    As far as I know, it is the law that you can recieve / review your records.

    I dont know if it varies from state to state, but I have never heard different.

    That is so ludacris! Makes you wonder what they are hiding.

    Usually you have to sign a form to release your records and thats it. Most of the time you get a copy of them, so they can keep the original.

    Take Care,
    Stephanie
  3. ksp56

    ksp56 Member

    I live in Indiana, so I do not know if it is by state, or government. We are not permitted to have our records from psychiatrists, etc. However, they will send them to another counselor. It shocked me.

    Why they do this, I have no idea. It seems idiotic. I am going to ask my doctor why this is, on next visit.

    I'm not sure if this could be pursued legally or not.

    Take care!

    Kim
  4. julieisfree05

    julieisfree05 New Member

    I tried to get mine in CA many years ago and the doctor wouldn't release them. (He knew that his eval was BS and didn't want to "upset" me.)

    My neurologist had referred me for "psychometric testing" (to document the cognitive dysfunction), NOT to see if I was "crazy", but this guy never even mentioned that I HAD FM in his report!

    I called my neuro, and he requested a copy of the eval, then gave me one - and he was almost as angry as I was when he read it.

    If they won't release them to you, try to get them released to a doctor who WILL give you a copy. That might be easier than legal action.

    HTH,

    - julie (is free!)

    Forgive
    sounds good
    Forget
    I'm not sure I could.. - The Dixie Chicks
    [This Message was Edited on 09/13/2006]
  5. netnut

    netnut New Member

    I recently found out that psychiatric records are treated differently than other medical records.

    Patients do not have legal access to their records. They can be allowed to read them in the office with a psychiatrist or therapist present...I believe.

    I was told this nugget of information by my therapist because I accidently received a copy of my psych eval. It never occurred to me that I wasnt supposed to get it. She told me to keep it but keep quiet that I had it.

    She said the reason patients arent allowed to just get their whole files is that they may get "upset" over what they read in them and become unstable. There is some reasoning behind that decision when you think of the clients served most of the time.
  6. Lendy5

    Lendy5 New Member

    Hi Everyone, Thanks for replying so quickly...all of you have given me some great ideas.

    Actually my Psych doc was the original one who suggested I had Fibro and suggested I get properly diagnosed. I was a regular patient of his for over 2 years and he was always supportive.

    I find this odd that they say I can't even see the records. So far from looking on the internet I don't see where he can forbid me access unless I may cause self harm.

    I am definitely gonna look further into this! I will keep you all informed.


    Thanks Again!

    carolin
  7. kjfms

    kjfms Member

    Re: Mental Health Treatment Records

    You can read North Carolina laws related to mental health treatment records on the Website of the North Carolina General Assembly at

    http://www.ncleg.net/

    You can find these laws using "Statute Look-Up" with the search word "122c."

    Just in case you can't find it here it is the link (it's a little hard to spot):

    http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_122C.html

    The HIPAA Privacy Rule treats most mental health treatment records like other medical records.

    However, psychotherapy notes (as defined by the HIPAA Privacy Rule) are treated differently.

    You can read about how these notes are treated in the Summary of the Privacy Rule written by the Office for Civil Rights, HHS at:

    http://www.hhs.gov/ocr/hipaa/

    which is a PDF file:

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


    I hope this helps a little,

    Karen :)

  8. ephemera

    ephemera New Member

    I live in PA. It took me 11 months to finally meet with the guy who did memory testing on me. My calls & messages weren't returned, so I had to plow ahead like a mad dog to get that far.

    The one on one meeting was ridiculous. He gave me a copy of about 10 pages of comments that did not relate to my life. The person sketched out on those pages is not me.

    I thought he'd go over things point by point, but no. After giving me my copy he kept saying that the report was true, even pointing to graphs (in his notes, not in the report) that said my answers indicated fantasies. I disagreed with his interpretation of my creativity, but did not argue as clearly my opinion was pointless (in his view). Oddly enough, this guy did believe in FM/CFIDS & at the end of the meeting he said he couldn't imagine living with chronic pain.

    He also said only a court order could grant access to the records.

    For me, the worst part of the experience was being ignored. The psycologist sent the records to my attorney & to SS 6 weeks before I ever got to see the report. So much for correcting the mistakes of my medical history.
  9. MamaDove

    MamaDove New Member

    I saw a psych last year and before we started our first session, I requested a full report of what his 'opinion' was about my mental health...And to leave nothing out!

    He looked at me strangely and said "I have never been asked to supply such info to a patient before"...HUH?!

    He then scribbled on his pad...Probably something like 'demanding woman'...tehe

    After our 3rd session, he asked me about my request, if I was serious...I explained to him that if I do not know what his expert opinion was, how was I to attempt to fix the problem...He was also surprised that I was not seeking drugs for some of my issues and that I was overly up front with him, not holding back anything...Again, I said that I want to know what is wrong with me...PERIOD! I am paying you big $$$ to evaluate me and I want to KNOW in writing...

    It took two months but I received a 13 page report including test results and his opinion as to what my mental health status...

    I know its too late for this to relate to you BUT I wonder if as others suggested, you can file a release for such...

    I am concerned that any doc won't release records, even mental health records to any patient...Is there something we are missing, if so, I never heard of this before...

    Keep us updated, I am curious as to the outcome, hope it is a good one...

    Peaceful days ahead~Alicia
  10. carebelle

    carebelle New Member

    to have copys of ANYTHING that has your name in it or on it.
    Its called The Freedom of Information Act.

    go tell them that .They can charge you for the copys but they have to give it to you.
  11. Cromwell

    Cromwell New Member

    I understand that because of the fact that some psychiatrists have been stalked by former patients they are excused in some states from forwarding records.

    However, they have to send them to another doctor. I would try and access them this way.

    I really do not like this exemoption as for one thing it absolves psychiatrists of blame and also from actually keeping good records. It also covers any private funding they receive from drug companies for pushing certain meds.

    It certainly does not fit in with the principals of freedom of information and I thought there was a group challenging this in court at some time?

    Love Anne
  12. TXFMmom

    TXFMmom New Member

    Under the new, Federal privacy thing, I don't think they can bar you from getting your medical records.

    CALL THE STATE BOARD OF MEDICINE AND ASK TO SPEAK WITH SOMEONE AND THEY CAN FILL YOU IN ON THIS, RIGHT THEN AND THERE.

    IF THE DOCTOR IS NOT FOLLOWING THE LAW, THEN GO AFTER THEM. FILE A COMPLAINT, MAKE IT BRIEF AND SUCCINCT. YOU WANT A COPY OF YOUR RECORDS AND YOU WILL HAVE TO PAY A CERTAIN AMOUNT TO GET THEM.

    My psychiatrist STORED MY RECORDS IN AN UNDERGROUND STORAGE FACILITY IN THE BASEMENT PARKING IN HIS BUILDING. I LIVE IN THE HOUSTON, TX AREA AND A BASEMENT HERE IS CALLED A SWIMMING POOL WHEN IT RAINS.

    We had tropical storm Allison in 2001, AND IT DESTROYED ALL THE MEDICAL RECORDS STORED IN THAT BASEMENT. I TOLD HIM TO HIS FACE THAT HE WAS A STUDENT JACKASS TO FILE RECORDS, WHICH HAD NOT BEEN MICROFILMED IN SUCH A PLACE.