C & P Records Problem

[Kevin J]

I recently had a C&P exam done at the Orlando VAMC and when I go to the ROI office they tell me that they are not allowed to release the C&P medical records because it is still being rated. There is a sign on the wall that says per the St. Petersburg Regional Office that they can not give out the records. Is that allowed since it is a medical record, aren't we supposed to have unlimited access per federal law to our records? Can the regional office get away with this and what should I do to get my complete records? Has anyone else run into this problem and the Orlando office?

Thanks,

[john999]

I got a copy of a C&P exam for CAD from my VAMC. On the exam it said "Do Not Give a Copy of This Exam to the Veteran". The records clerk gave it to me anyway. I know they are weird about giving mental health C&P exams to vets. The VAMC insists on mailing them to me. That goes for mental health notes from my VA shrink. I love the consistency between VARO's. Each is its own little kingdom.

[darkhorse]

I would send a copy of this to my Senator and say something like,

"Sir I thought you would like to know there are rules and regulations that aren't being followed at my local VAMC. On my exam is the statement (i would highlight) "Do not give a copy of this exam to the Veteran." According the VA Rules and Regulations any vet has the freedom to obtain a copy of medical records according the "Freedom of Information Act."

My VAMC is blatantly not following rules and regulations and should be known and looked into. I am submitting a copy of my exam for proof of my allegations.

DH

There's no reason we should not be able to get a copy of what we already know about ourselves. There is a reason this statement was in there and it's scary and infers a hidden agenda.

I got a copy of a C&P exam for CAD from my VAMC. On the exam it said "Do Not Give a Copy of This Exam to the Veteran". The records clerk gave it to me anyway. I know they are weird about giving mental health C&P exams to vets. The VAMC insists on mailing them to me. That goes for mental health notes from my VA shrink. I love the consistency between VARO's. Each is its own little kingdom.

Edited September 13, 2009 by darkhorse

[purple]

There is a rule or reg (I'll have to find it) that allows docs to preclude pts (both in the civilian world and our world) from getting copies of their mental health records if the docs feel it will make the pt's condition worse.

If anyone knows of the reg...feel free to post it...meanwhile, I'll do some digging. Rarely...very rarely, the pt can bypass this reg with a well-written FOIA request (FOIAs are different than a med records request--I used to be a FOIA manager); but even then you're likely to get a sanitized copy.

[Pete53]

If the VA will not give you a copy than ask them to provide it to your Doctor and than they have to do it.

[john999]

I am pretty sure you have the right to all your medical records no matter if they are mental health records or not. However, the VA will stall on handing them over unless you do it like Pete says. Physical and mental illness are supposed to be treated just the same. We are supposed to get parity of treatments as well from insurance companies. If you can get 30 visits for PT you should get 30 visits for a mental health condition. The insurance companies (BC/BS) are already using every trick to get around the law. My shrink says they are insisting on preauthorization for mental health treatments. They never did that before this law came out recently.

I use workers compensation for my private mental health so I am not affected by this yet.

[purple]

Here's one instance:

[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2002]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR164.524]

[Page 728-731]

TITLE 45--PUBLIC WELFARE

AND HUMAN SERVICES

PART 164--SECURITY AND PRIVACY--Table of Contents

Subpart E--Privacy of Individually Identifiable Health Information

Sec. 164.524 Access of individuals to protected health information.

(a) Standard: Access to protected health information. (1) Right of

access. Except as otherwise provided in paragraph (a)(2) or (a)(3) of

this section, an individual has a right of access to inspect and obtain

a copy of protected health information about the individual in a

designated record set, for as long as the protected health information

is maintained in the designated record set, except for:

(i) Psychotherapy notes;

(ii) Information compiled in reasonable anticipation of, or for use

in, a civil, criminal, or administrative action or proceeding; and

... (edited for space)

(3) Reviewable grounds for denial. A covered entity may deny an

individual access, provided that the individual is given a right to have

such denials reviewed, as required by paragraph (a)(4) of this section,

in the following circumstances:

(i) A licensed health care professional has determined, in the

exercise of professional judgment, that the access requested is

reasonably likely to endanger the life or physical safety of the

individual or another person;

(ii) The protected health information makes reference to another

person (unless such other person is a health care

[[Page 729]]

provider) and a licensed health care professional has determined, in the

exercise of professional judgment, that the access requested is

reasonably likely to cause substantial harm to such other person; or

(iii) The request for access is made by the individual's personal

representative and a licensed health care professional has determined,

in the exercise of professional judgment, that the provision of access

to such personal representative is reasonably likely to cause

substantial harm to the individual or another person.