Monday, July 03, 2006

Soothing Baths, Books, and Stupid Docs & Medical Records Releases

Actor Crush of the Day: Pierce Brosnan Ewan McGregor Sean Connery Hugh Laurie Hugh Jackman Hugh Grant Um, any handsome British actor, really . . . .ALl of em!

Yummy bunch of actors, there!

Let's see, nothing like a good Looooong soak in the tub, with a nice, yummy mystery to read . . . . Just discovered Joanne Fluke, and her Hannah Swensen mysteries. The protaganist, Hannah, is the proprietor of The Cookie Jar, a nice bakery shop. She also happens to stumble across dead bodies now and then, and get caught up in the investigations, as cookie-bakers tend to do (hee hee hee!)

This was a YUMMY book, and for more than just the recipes (There's one or two I'm DYING to try at the end of the week, if possible, when we have a paycheck . . . .)

I just felt so soothed, calmed, relaxed, and NURTURED while reading this, I don't know why but it was an excellent escape. The bath helped too, especially as I discovered I had a bad UTI yesterday (TMI? who me? lol!), and a bath is about the only thing that makes me feel better whilst I wait for those pills that turn your pee orange, to kick in and stop the pain and horrible discomfort.

Anyway. I was proud of myself for taking care of myself and relaxing and de-stressing and stuff. My hubby even baked me a cake at my request, and I had some whilst I bathed (anyone else snack during a long, hot bath? Nothing like a sweet to go with a yummy book . . . besides the book was making me hungry, lol!!)

So I turned into a prune, but at least Willy Wonka wasn't there to send me to the juicing room! Prune juice, ugh! For those Trekkie/Trekkers out there, Lieutenant Worf (Klingon) enjoyed this as his favorite drink . . . no wonder he always seemed grumpy!!! Hee hee hee.

Therapy today . . . well, that about sums it up.

Now, to face the Beast later this week. I'm hoping he'll respond with some recognition of his responsibility in certain things, and accept that, and really engage with me instead of talking AT me and/or DOWN to me. Still, it's just a medcheck, but I MUST address a few things with him, and he doesn't like me to carry things inside about our rocky working relationship beyond the appointment after my problem with him. So it's address em now.

Besides arguing with him about getting copies of medical records (clinic notes I think? The portion of his records that he releases to places, I know there is a portion that does not get released.) He insists they are his work product, but what about HIPAA, doesn't that provide for the patient requesting copies? I know he can't legally charge more than the cost of copying for them, but I dunno the he'll even give me ANY! It's for the Social Security Disability thing, and I need them direct to me, not the lawyer, so they can be discussed before sending to the SSA. If he faxes them straight to the lawyer, that won't happen, and the lawyer stressed that we need to discuss em.

They may be his work product, but he is being PAID for his services on my behalf, for his time and work and expertise on my behalf, which, I know doesn't ENTITLE me to records, but it's not like I'm asking for something that hasn't already been partially paid for . . . . if you know what I mean? Him insisting that it's his work product and that he "owns" it, kinda offends me a bit, that he thinks that such deeply personal information about me can A) be owned completely by one person, and C) that it's as though he's somehow doing a whole lotta work with no compensation and so that also means he owns it, D) that he's so offended I'd even ask for copies of the "clinic notes" or whatever, that it's so ridiculous that I'd need them . . . .

See, lawyers aren't under HIPAA, at least that's what the lawyer tells me. I have a release that I can give him stating a bunch of stuff, and that he is required to release em cause it's needed for Social Security disability stuff, but the lawyer also said not to tell him I have a lawyer . . . .

Well, the only way I could get the records out of him last Oct. of 2005 was to give him the lawyer's fax number to fax them directly. So now he probably WILL NOT release them to anyone but the lawyer . . .

See, why would he need my signature to release the records to anybody, if he owned them completely? Is he saying he gets to do what he wants with em, when he wants, no matter what? His saying they are his work product and no one gets access but him, offends me in that way . . . . why, then, is my signature required to release them?

Anybody know anything about this to help me? Where HIPAA might be explained on the web so's I'll have some ammunition?

Davis Behavioral Health is being a big pain too. It's been a year and still can't get them . . . they are violating the law, aren't they? In not releasing stuff . . .

Sorry to go on so long . . .

Sara

5 comments:

Anonymous said...

That book would make me crave cake too! I am glad you had a great escape. I love fiction, but do not read much of it. When I do it is a major experience for me!

I do not know enough about how release of records works. I would hope that a doctor would not withold anything that is needed to qualify for SSI.

Spiritual Emergency said...

Here's some information that might be helpful...

2. WHAT DOES THE PRIVACY RULE SAY?

Patients have new statutory rights regarding the release of health information:
1) Providers must give patients a written notice of how providers can use, keep, and disclose patients' health information.
2) Patients must be able to get copies of their records and request amendments within stated time limitations.
3) Providers must give patients, if requested, a history of most disclosures.
4) Providers must obtain a specific authorization for disclosures other than for treatment, payment, and health care operation purposes.

[Page 2]

10. WHAT IF I DON'T WANT TO RELEASE MY RECORDS TO PATIENTS AS REQUIRED? DOES IT MATTER IF I AM NOT REQUIRED TO DO SO UNDER MY STATE'S LAW?

The rule grants patients several rights that are not provided uner the laws of some states, such as the right to access, obtain copies of, and request amendment to their medical records. Accordingly, providers are required to allow patients to access and obtain copies of their records.

There are exceptions to what must be released including psychotherapy notes. Providers, in lieu of providing access to the record, may provide a patient with a summary, but only if the patient has agreed in advance to such a summary.

The federal rule does provide specific, limited grounds for denying a patient access. In some cases, but not all, a patient has a right to have such a denial reviewed. There are listed grounds for unreviewable denial, as well as listed grounds for reviewable denial. The rule gives specific guidance on denial of patient access and the denial review process.

While it is generally true that state laws that are more stringent in restricting disclosure of health information supercede the less stringent provisions of this federal law, patient access is one of the two exceptions to this general rule. (The other exception is for disclosure to the Secretary of HHS.) Accordingly, the federal provision requiring patient access preempts the provision of state law restricting patient access.

[Page 5]

Source: http://www.psychprogram.com/Risk_Management/HIPAA%20Help/hipaa_hipaahype_new.pdf [PDF File]

The new federal law to help the public keep their personal health records private is so comprehensive and complicated that few understand how it works-let alone what it means to Utah health laws. Attorney General Mark Shurtleff announced today that a new guide has been created to help explain how state laws work with the Health Insurance Portability and Accountability Act or HIPAA.

The guide can be found at http://www.attorneygeneral.utah.gov/hipaa.html.

The Attorney General's Office worked with public and private representatives to help create the guide. Unlike other states, there will be no charge to access this information.

"Hardly anything is more important than your health. Utahns deserve to know what rights they have under both federal and state laws," says Douglas Springmeyer, the assistant attorney general was one of the guide's contributors.

The guide briefly describes the state law or rule and indicates whether it is consistent with HIPAA. Here's some examples:

Do I have a right to my own medical records? Yes. The Utah Legislature recently updated the state law so patients can get their personal health records.

Source: http://attorneygeneral.utah.gov/PrRel/prnov102003.htm

See also: http://www.dopl.utah.gov/

Sarebear said...

Ohmygosh.

YOU ROCK!!!!!

I was feeling so overwhelmed and depressed by the issue I couldn't even figure out or motivate to do a search on it.

I am going to go there and read it through again and print stuff out.

THANK YOU THANK YOU!

You have really made a big difference in my life this week. THANK YOU!!!!!

Sara

Spiritual Emergency said...

:) You're welcome. Good luck with the doc.

annegb said...

I get copies of all labs and test results whenever I get them. All I've ever done is request copies of my medical records and they copied them and gave me the whole file.

I've also stolen a couple of things out of my file when I'm waiting for the doctor. I paid for them, they're mine.