Hipaa Notes
hipaa notes
I’m trying to get Mental Health Records concerning my children,the Counselor states she can’t per HIPAA Laws?
I live in Ala-my ex in NY and I share Joint Legal and Physical Custody, Care, and Control of our children. I am trying to obtain Records of the visits from the Mental Health Counselor, and she states she will not release the Clinical notes or her opinion of the children because its private Patient-Client information under HIPAA in New York, and will not even release it if its subpoenaed. I have previously requested this information from a different counselor last year that the children were attending just 20 minutes away from this one (in NY), and all information was provided to me-even the clinician’s notes. The children are 7 and 9-does anyone know the guidelines on this??
Not really sure, but I would think if you have joint custody you have 100% of the rights as their mother. Do you know if she has access to these records? If so, the counselor is breaking the law by denying access to you as well. You will probably be able to obtain free legal advice on this. Any further steps by an attorney would be an expense, but it would be worth a try. Also, you can ask teh previous counselors if this is, in fact, a law. If not, I would let miss snooty counselor know that you know she is lying to you, and it would be in her best interest to let you have access to the records.
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