HIPAA (or whatever it's called)

Discussion in 'General Parenting' started by klmno, Oct 29, 2008.

  1. klmno

    klmno Active Member

    I apologize for bombarding the boards with threads the past couple of days. I'll try to make this one the last for a while, LOL!

    Siince I'm court ordered to sign releases so PO can verify that difficult child is in therapy and sees a psychiatrist, the attny said just clarify on the release form that I'm signing for release of dates of therapy, difficult child's compliance, nature of treatment and that's it. There was a gal involved and I had signed the form with the same clarification for her too. It ended up that she asked psychiatrist to write a letter and send it directly to her. He did this without consulting me first, then sent me the bill. (These are private profs that my insurance covers). Then, she tried to get into detail about therapy for difficult child with one of his tdocs. I strongly suspect that the po has done had conversations that go beyond what she should be discussing with the last therapist difficult child had. What can I write on the release form to make sure that any information provided to the po is also relayed to me and what can I write on there to make sure that therapist is not taking direction from po or listening to what she thinks he should be working on?
     
  2. susiestar

    susiestar Roll With It

    Write exactly what the attorney said. He would know the best way to phrase it, I think.
     
  3. katya02

    katya02 Solace

    You can be very specific about the type of information that the doctor may release to the po, i.e. nothing beyond the legal requirement of dates, nature of treatment (medications, CBT, etc.) and yes or no re compliance. Write the precise information that can be released and then explicitly write that nothing else may be released. If the po or court wants more then the doctor would have to obtain a further release from you. You can request a copy of everything sent to the po, but to avoid being charged for copies you could just request to see the chart. It must include copies of whatever letters were written and you could see whether non-released information was included.

    You can't stop the po from giving information or opinions to the therapist, but the therapist is not allowed to say anything in return other than what has specifically been released. If you think the therapist is taking direction from the po it would be a good idea to discuss the issue with him or her.
     
  4. witzend

    witzend Well-Known Member

    First off, I would tell psychiatrist to bill the GAL for writing the letter. You didn't ask for it. Second, they don't need specifics as to whether or not difficult child is complying. Any professional will refuse to treat a patient who is not complying. Ergo, that difficult child is attending sessions is proof that the therapist is seeing compliance.

    Be sure that the words "Limited Release of Health Information" are on whatever you sign.

    You could be this simple:

    Limited Release of Health Information

    This limited release allows Dr. x to provide to PO y the following information regarding difficult child for the purpose of proof of compliance with court order #:

    Dates of treatment, (and diagnostic code(s)?)

    This release is revocable at any time. This release of information is for the above specified records only.

    This release will not include:

    Psychotherapy notes;

    Verbal Information (Dr. x may not discuss difficult child's healthcare or treatment information with anyone without prior written consent.)
     
  5. klmno

    klmno Active Member

    Good ideas! I especially like the "limited release" statement. Thanks!
     
  6. overwhelmed...

    overwhelmed... New Member

    This is something I can actually help someone with! I work in a law firm and we request and provide medical records on a daily basis. Here is a sample letter that we use when someone else wants our client's records. We send this letter to the medical provider. If you have questions, just let me know.



    This is to advise you that we have no objection to you furnishing the requested information concerning ________________,but DO OBJECT to any conversations with ____________, ____________ or any representative of _______________________that is held outside the presence of me. The no objection is only with regard to documents being produced and not with regard to conversations or other ex parte communications regarding _________. Further, we request that you provide this office with a FULL and COMPLETE copy of all documents that you send to __________. We will promptly pay your reasonable copying costs for these documents.

    Please be advised, however, that if a full, complete and certified copy of all documents that are provided to defense counsel are not also provided to me, then any permission to release private health information is hereby revoked and I object to the release of any information that is not also provided to me. In that case, any release of _______ private health information would be a violation of HIPAA and I will seek all available remedies for this violation.



    Your cooperation in this matter is greatly appreciated. If you have any questions or concerns, please do not hesitate to call.
     
  7. susiestar

    susiestar Roll With It

    Great answers to this question (and a great question). I have had very few times wehn I wanted info limited, because around here I have gotten good results with asking everyone to cooperate with us and each other. The few times I wanted info limited it was tough to word it at the time. So this is an excellent thing to keep in my files.

    It is nice to have the legal viewpoint AND a doctor's viewpoint on HIPPAA consents.

    Thanks.
     
  8. TerryJ2

    TerryJ2 Well-Known Member

    klmno, I'm coming in late here, but wanted to reiterate what katya said:

    You can't stop the po from giving information or opinions to the therapist, but the therapist is not allowed to say anything in return other than what has specifically been released. If you think the therapist is taking direction from the po it would be a good idea to discuss the issue with him or her.

    My thoughts exactly.
     
  9. Ropefree

    Ropefree Banned

    hmmm and in the courtroom will your attorney be asking to see the release documentation verifying that any info introduced in court is admissable?
    You just bother the heck out of us klmno...and then let us celebrate your victory later..hmmmmmm
     
  10. svengandhi

    svengandhi Well-Known Member

    Google HIPAA - there are sample authorizations on line. You can ask that copies of all materials that are sent out also be sent to you. Most states have a limit on the cost allowed for copying. In NY, in civil cases, attorneys are allowed to speak with medical care providers after a certain point in the case but I don't know if this applies to criminal cases or POs. I would check with your son's criminal lawyer as to what the rules are.
     
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