What to do when VA providers put in inflammatory or false notes in progress notes?

[daroosta]

This isn’t the first time providers have entered in untrue and incorrect notes into Myhealthevet blue button medical notes. I just found another what is an incorrect entry in progress notes. Also what does a Vet do when he suspects that he may getting secretly targeted by mental health providers trying to discredit his disabilities?  I can sense that this is what is exactly going on.  Especially in the mental health clinic. The psychologists can’t even hide it well. This is why I usually avoid the VA for any kind of mental health treatment. Though I’ve started group, I have already felt the distain coming from the providers. One of them made a rude comment after I made a comment about a certain symptom she brought up to the group. This is endless. I know what they are up to. The exacerbation of existing symptoms as a result of all this, has been paralyzing to me. On my way to my last group recently I even got into a car crash because my mind was so distraught about having to attend the group. My experience with the mental health clinic over time, via my intuition and experiences, tells me that their primary, hidden purpose, is to try to discredit vets. Please advice. How should I proceed? Please advise. Thanks. 

Edited February 25, 2020 by daroosta

[Buck52]

iF YOU CONFRONT THE PERSON THAT IS RESPONSIBLE FOR MENTIONING THINGS IN YOUR RECORDS WHILE HE /SHE SEEN YOU IS ABOUT ALL YOU CAN DO..

THIS IS SOMETHING EACH VETERAN NEEDS TO DO FOR HIM SELF...CONFRONT THE DR WHO MENTION THINGS THAT HE DID NOT SAY WHILE HE WAS WITH YOU ON ONE OF YOUR SCHEDULE APPOINTMENTS.OR YOUR LAST APPOINTMENT.

  JUST SAY I WAS LOOKING AT MY RECORDS ON MYHEALTHEVET AND READ SOME THINGS THAT YOU SAID AND THEY ARE NOT TRUE  YOU NEVER MENTION THESE THINGS TO ME AND I ASK YOU NICELY TO CORRECT THAT IN MY RECORD .

YOU CAN ALSO USE SECURE MESSAGING IN MYHEALTHVET AND ASK HIM/HER TO AMEND THESE THINGS HE/SHE MENTION.

BUT IN MY OPINION THEY CAN GO RIGHT TO THE RECORD WHILE YOUR SITTING THERE WITH THEM AND   MAKE A CORRECTION.

JUST BE NICE AND REQUEST HE AMEND YOUR RECORDS TO THE TRUTH OF WHAT WAS MENTION DURING YOUR LAST VISIT WITH HIM/HER.

IT'S BETTER TO LET THIS Dr know and he will stop doing that .

It's a waste of time to report him /her to the authorities   they will absolutely do nothing.  this is something you need to take care of yourself. and hopefully a better repore with this Dr.

[daroosta]

Im surprised that there is absolutely nothing a veteran can do to get assistance if he or she feels like they are being targeted by mental health providers and others, at the VA, in various ways, for a long time. Causing extreme additional mental stress. I guess we all are at their mercy then. That’s a  really sad state of affairs. 

Edited February 25, 2020 by daroosta

[Richard1954]

I do not recommend confronting anyone that put information in your record that you do not agree with. There is a procedure that you can take to have information you don't agree with removed. I went thru this last year. A male nurse did not like the way I answered his questions and I did not like that he would not look at me when asking the questions. When he asked me what my weight was ,  I told him to look in the record, since this question had already been answered and I said why your at it .. look at the record and find all the answers to your silly questions. He told me to return to the waiting room and wrote in my record that he felt threatened by me, he wrote some other stuff but the just was that I scared him so bad that he wanted nothing to do with me. I found this in my record, and wrote a letter addressed to the Director of the hospital and in the letter I demanded his statement be removed. I explained that if he was so afraid of a fat, 65 year old man on oxygen sitting in a wheel chair then maybe he should not be working at the va since many of the veterans  he will come in contact with are like me. I also indicated if this 35 - 40 year old man was really afraid of me he should of called the VA police.. I indicated he was rude would not look at me when talking to me instead had his back to me and his face looking down at the form he was filling out.... I also indicated, that he was asking me questions in the presence of other people that had no business hearing the questions let alone the answers... In the end ( about 4 months later) his entries were removed from my medical record, and he was instructed not to interact with me at all. If you confront anyone you could make matters worse.

[daroosta]

I hear you Richard. Thanks for reply. Yea, think I had to contact the privacy officer some years ago about an incorrect note. Then he sent me a form. I can do it that way if u suggest. Then print out the note from the ROI office and highlight it, and fill out the amendment request form. The bigger issue though is the ongoing problem I been having with providers, especially in the mental health clinic, with them always appearing to be out to discredit my disabilities, rather then treat me for them. Even in the psych ward it felt way more like being interrogated and disbelieved. It’s been ongoing though. 

Edited February 25, 2020 by daroosta

[broncovet]

Who HOSS!!!!  There is a regulation to correct errors in your records, and I suggest you use it.  Here it is, I suggest you follow it to the letter: (Pay attention to the portion in BOLD).  The VA has to have this completed in 30 days, AND YOU CAN APPEAL THEIR DECISON see the following regulations:

 

Quote

 

 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

[47 FR 16324, Apr. 16, 1982]

 

 

Edited February 25, 2020 by broncovet