Keeping psychiatric records out of medical records

[tobeblessed]

I was wondering- in the past 10 years, I have noticed that it is very easy for my records to be transferred around without my consent. Beyond 10 years ago, I specifically recall having to fill out authorization forms.

I am mortified at this practice, as I don't trust that the psychiatric records will remain as private once at my MD's office. I have repeatedly complained when something is transferred without my consent. Apparently there is some rule that they can be transferred if it is deemed medically necessary. But I have things ending up at places like Urgent Care totally without my knowledge and seemingly for no good reason.

I thought HIPAA would help contain this, not escalate it! Is there anything that can be done? I am really getting upset at this practice.

[Lossandra]

As a mental health provider, the Release of Information forms that I use specifically require initials next to different types of mental health information in order for those records to be shared. For example, psychiatric records vs family history vs educational history. I've noticed that some, but not all, of my personal physical health providers forms have similar requirements as well. I would suggest being very careful to read through and mark only the items you would want to be shared when signing releases. In addition, if you want to, you can revoke all the releases you currently have in place and start fresh with new ones. If a form doesn't have the option to share some but not all mental health information, make a fuss and find a way to add your stipulations to their form. Also, you should have the option on all of your releases to limit the period of time they are good for.

HIPPA is supposed to help contain these kinds of problems. The issues are most likely human errors (from what I've seen as a provider and a consumer). If you make a big fuss, maybe the humans will be more careful. :)

[tobeblessed]

Thank you for your reply. :)

My problem is that, in every instance I am thinking of, I simply was not asked to sign a release form. The stuff is just getting faxed around.

I confronted the hospital I stayed at when I was in the psych unit about this and they sent me something official stating that they had the right to transfer records without my consent if the other party needed it. I disagree with the amount of what they transferred (my MD only needed labs, they sent the entire file).

I am wondering how I can make an official complaint about this.

The worst thing that has happened recently is that I showed up at Urgent Care for something medical, and I noted the doctor rifling through my psych records, again from the hospital I mentioned (they seem to be the worst offenders here). No reason he should have them and I was really surprised.

Do you agree that psychiatric records should be contained or am I maybe overly concerned with this?

Thanks!

[pab]

if you can afford it, consult an attorney

[tobeblessed]

Unfortunately I can't afford one. I used to work for an attorney and they usually won't take a case unless there has been some kind of damage done that can be proven. In my case, nothing has happened yet. I hope it doesn't.

The way I took care of this issue this time was to write a letter to the doctor that does my mental health and tell her I won't authorize transfer of anything except labs. I asked her to put it in my file.

[Nana4&cntn]

Those incidences of MI records being provided w/o your consent is a direct violation of HIPPA laws. Even if you signed something while in psychiatric inpatient, that should not void the Hippa laws as you would be considered incompetent. PLEASE I do not mean this as a slam. My Daughter in law, was hospitalized due to bi-polar and was scared something like this would happen. I spoke to my pdoc about it and he said if someone wanted my records, they would need a court order! I would call a HIPPA lawyer as there is a $50,000 fine for each incidence, you may be able to have someone take it, for a share of the money you would get. Just a thought!

Take care,
Kathy

[Lossandra]

I didn't read through this closely, but from my glance, it looks like HIPAA violations are civil rights violations. This page has information on how to file a complaint:
http://www.hhs.gov/ocr/privacyhowtofile.htm

[tobeblessed]

Wow. Thanks for the replies.

I am going to look into this when some things settle down in my personal life. I am so upset with this hospital and would like nothing more than to see them fined enormously at this point.

[tobeblessed]

Thanks for all your help here. I just finished filing a detailed report against that hospital.

If indeed I find out my civil rights were violated, I will get an attorney.

I'll report back here to this thread and let you all know what happened.

[brainandspinalcord]

It's good you filed a report. I've noticed the exact opposite, it's almost impossible to get the hospitals I've been to to release my information! Hope things work out for you, hopefully you won't suffer any damages because of this.

[brainandspinalcord]

blessed- wondering if you got anywhere with this?

[fallingbear]

hey yall,
this may sound strange, but i wish i was in america, because what has happened to me via doctors, laywers, state run accident compensation schemes, can only be described as blatant human rights abuse, fraud, perverting the course of justice, and even to this day, after 10 years of legal battles, i am still subjected too being constantly monitored, followed by investigators, and subjected too a life of uncertainty.
i call it home detention.
my crime, >6mtre fall, damaged spinal chord.
at least in america, i would have the right to sue further,
but in australia,, [bunch of convicts we are] the legislators took that right away??
so i wish you all the best with your complaint,
and hope oneday, australia ends up with a fair go, for injured and disabled people, not just a pig trough for greedy doctors, laywers, and insurance companies?
cheers
phillip

[scipilot]

I live in the UK and last month received a letter from our Health Service to inform me that a hospital consultant's laptop containing over 50.000 names, national insurance details and medical files of people had been stolen from a car and mine was one of them.

They just said 'sorry' really makes you wonder just how safe we really are.