GratedTopping
New Member
I'm in NJ and am having trouble obtaining medical records. The place is a 'day program' for people with mental illness. In the facility, I requested my files and was told that it was contraindicated (with no explanation of reasons why). However, the director of the program told me that I could still have them released to my mother. I did the proper procedure -- and then it was suddenly determined that my mother shouldn't have them either.
I then appointed an attorney as the legal representative, which my mother previously was. Their attorney told mine that his client was in no way trying to prevent me from getting the records; they just wanted to make sure that they couldn't be held liable if something bad happens if the reocords were released. My attorney drafted a 'hold harmless' agreement between me and the facility, which their attorney said he would accept. Yet, all of a sudden this was no longer acceptable.
I have spend a few hundred dollars already. I haven't been in that place since February, when they decided that I should have just one-on-one counseling.
He said that the next thing he would have to do would obtain a subpoena to compel that place to comply; this would cost me at least $1,000. That's quite a lot of money since I am on social security disability.
I apparently can try and go through the legal system on my own, but first I have written a request on the first of this month and sent it certified, asking for my information within 30 days and stating that I would prefer to pick the information up.
I have so little faith in that facility to do what is right that I wouldn't put it past them to even have destroyed the records. When I stop there, if I don't have what I am entitled to, then I guess I would have to continue with the court.
I have learned that NJAC 10:37 [community mental-health services regulations] that information could be denied if releasing it could be detrimental to the patient. However, non-clinical information is still to be released (but this was denied to me when I asked as well, claiming that I was trying to get my records 'piece by piece'). Also in 10:37, it says that the information is to be released when the patient is discharged.
In NJAC 8:43 [standard for licensure of adult & pediatric day-health services] it mentions that in the event the information is contraidicated, it is still to be released to a legally authorized representative. I'm not sure why NJAC 10:37 would be above this clause. But in any case, now that I am no longer a patient, my getting the information cannot interefere with their treatment.
I wanted to hear what anyone might have to say about this matter. I feel that I should continue to pursue this and that this facility has not behaved in a proper manner. My rights are more important than whether or not a doctor might get embarassed from a rude statement he may have written. I am only interested in obtaining my records.
I then appointed an attorney as the legal representative, which my mother previously was. Their attorney told mine that his client was in no way trying to prevent me from getting the records; they just wanted to make sure that they couldn't be held liable if something bad happens if the reocords were released. My attorney drafted a 'hold harmless' agreement between me and the facility, which their attorney said he would accept. Yet, all of a sudden this was no longer acceptable.
I have spend a few hundred dollars already. I haven't been in that place since February, when they decided that I should have just one-on-one counseling.
He said that the next thing he would have to do would obtain a subpoena to compel that place to comply; this would cost me at least $1,000. That's quite a lot of money since I am on social security disability.
I apparently can try and go through the legal system on my own, but first I have written a request on the first of this month and sent it certified, asking for my information within 30 days and stating that I would prefer to pick the information up.
I have so little faith in that facility to do what is right that I wouldn't put it past them to even have destroyed the records. When I stop there, if I don't have what I am entitled to, then I guess I would have to continue with the court.
I have learned that NJAC 10:37 [community mental-health services regulations] that information could be denied if releasing it could be detrimental to the patient. However, non-clinical information is still to be released (but this was denied to me when I asked as well, claiming that I was trying to get my records 'piece by piece'). Also in 10:37, it says that the information is to be released when the patient is discharged.
In NJAC 8:43 [standard for licensure of adult & pediatric day-health services] it mentions that in the event the information is contraidicated, it is still to be released to a legally authorized representative. I'm not sure why NJAC 10:37 would be above this clause. But in any case, now that I am no longer a patient, my getting the information cannot interefere with their treatment.
I wanted to hear what anyone might have to say about this matter. I feel that I should continue to pursue this and that this facility has not behaved in a proper manner. My rights are more important than whether or not a doctor might get embarassed from a rude statement he may have written. I am only interested in obtaining my records.
