Posted by gardenergirl on February 2, 2006, at 15:49:55
In reply to Re: She just called!-GG????, posted by wishingstar on February 2, 2006, at 13:50:04
Sorry I haven't been around.
Regarding whether she has the right to the file....it's sticky because she's in the same agency. If they are an agency or group practice, you may not "need" to sign a consent for release of information for your chart to go to her. Where I worked last, when someone was transferred, the chart transferred.
However, you specifically told your old T, who has now left the agency, that you did not want her to get it. I don't know if that "counts" or not. I wish I had a clear answer for you. I think ethically, she should have abided by your request, even if she has a legal right to the chart.
Regarding your right to the chart....yes, HIPAA gives you the right to see it, but clinicians can decide not to share certain info if they believe it could harm you to know it. State laws vary, though. In my state, the client has the right to see the entire record, regardless of whether the clinician thinks it might be harmful to the client. Any state law that gives the client more protection and rights than HIPAA supercedes HIPAA.
I know this is clear as mud.
I'm glad she called you and agreed not to read it before you meet. Of course you have to trust her on that. And like others said, if you fire her, it sort of solves that problem, although I suppose she may still read it and just not tell you.
Okay, just tried one site...and found this on a fact sheet:
You Have the Right to:
Ask that your information not be shared
You can ask your provider or health insurer not to share your health information
with certain people, groups, or companies. For example, if you go to a clinic,
you could ask the doctor not to share your medical record with other doctors or
nurses in the clinic. However, they do not have to agree to do what you ask.Frankly, I don't know what that means that you have the right to ask but they can say no.
Here's where it says you can get more info:
For more information
This is a brief summary of your
rights and protections under the
federal health information privacy
law. You can ask your provider or
health insurer questions about how
your health information is used or
shared and about your rights. You
also can learn more, including how
to file a complaint with the U.S.
Government, at the website at
www.hhs.gov/ocr/hipaa/
or by calling 1-866-627-7748;
the phone call is free.Sorry I can't be of more help.
gg
poster:gardenergirl
thread:605422
URL: http://www.dr-bob.org/babble/psycho/20060131/msgs/605544.html