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Thread: Psy. records, possbile withholding of records

  1. #1
    Alternate is offline Distinguished Member
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    Default Psy. records, possbile withholding of records

    Any experience with a psy. not giving records to a psy patient and according to medical board they are allowed to with psy patients but they must have a good explanation in the letter.

    This has not happened as I have not tried to get any records but thought this was odd.

    Have garden variety anxiety disorder so not anything reading about it that would disturb me.

    Wonder if they would use this rule to cover their side.

    This was dr. who cut me off and I had some physical medical complications directly related to this.

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    Almost all doctors have this built in to their systems. I left a dentist and requested either my x-rays or I would pay for copies because their price for the work was outrageously high.

    They refused to do so and I was in so much pain and busy at the time, I just never pursued it.

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    I thought you had the rights to your medical records NO matter what they were ...after all it is your records about you. Is this not the Case I take it?

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    pwr002 is offline Senior Member
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    You do with a written release of your records unless "one is not perceived to have capacity to make decisions,enter into contracts, minor,etc" without signature of appointed gaurdian. Otherwise you are entiltled to your records in all cases, if not I would question the integrity of the provider or there practice as it is possible sufficient med recs were never documented

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    You have the right for your medical records to not be shared with outside parties. However, these and near everything written on paper retains a personal history of you. Name it: Police, Insurance, Medical, Ect. They report every encounter or affiliated encounter about you and keep it for their own safet measures.

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    jgrn87 is offline Senior Member
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    You have a right to your records as long as you are not currently admitted as a patient under their care at the hospital for example. Let's say you are psychotic for example, while admitted in hospital you will not be able to see those records. However, after being discharged you have a right to request to see those records. At times the fee to get copies of them is high, but it is a time consuming thing sometimes for staff to do.

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    Quote Originally Posted by jgrn87 View Post
    You have a right to your records as long as you are not currently admitted as a patient under their care at the hospital for example. Let's say you are psychotic for example, while admitted in hospital you will not be able to see those records. However, after being discharged you have a right to request to see those records. At times the fee to get copies of them is high, but it is a time consuming thing sometimes for staff to do.

    This is true. As an ER nurse, I deal with a LOT of psych patients. The rules for psych patients are completely different than with regular medical patients. It has to do with capacity to make decisions and what not. I can say with 120% certainty (I'm also a certified Legal Nurse Consultant) that medical patients have the right to their medical records no matter what. I have said this in another thread as well, but they also have the right to obtain them without paying. If a physician or hospital refuses to give you your records you can inform them that you will be contacting your attorney to obtain them because it is illegal to refuse to give a patient these records. If you say this, you will see that their tune changes very quickly. Also, all you need to do is tell them that you are financially unable to pay for these records and they HAVE to give them to. You need to do is sign a HIPAA release and they have to give them to you. End of story.

    One more thing, even if you are currently in the hospital, you have the right to view your medical chart. It is the law.
    Last edited by DeadheadRN; 03-23-2012 at 12:29 AM. Reason: Added info
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    ssj.long is offline Junior Member
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    edit: <snip snip>

    My post was way too much. Made my own thread. From scratch! Come try it.
    @DeadheadRN, thank you for the thorough reply. You've reignited my determination to obtain my complete medical record. It's more a principle thing at this point. And curiosity.
    (In the past I've called my current insurer, my primary and a past primary and I've barely three years of documentation so... time to dig.)
    Last edited by ssj.long; 03-23-2012 at 03:21 AM.

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    Some type of psychiatric medical records do not actually have to be released to a patient:
    See lawrefs.com/item/patient-access-to-psychiatric-medical-records

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    Frank McGhee is offline Senior Member
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    I'm no expert, but why would they withhold your records? Who cares other than you? I mean, you know what information is most likely contained in them I assume. The way I see it, if there's contradictory advice and or information in them, how are you ever going to set the record straight if you cannot view them?

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