5/01/2011

Am I entitled to a copy of my mental health records?

Am I entitled to a copy of my mental health records?I have recently been told by the staff of my previous mental health care provider that I am not entitled to a copy of my records. I am familiar with HIPPA but apparently there is a freestanding law on mental health records that I am not aware of.

I am trying to get my discharge from the military upgraded and obtain VA benefits for having Post Traumatic Stress Disorder. It is very important that obtain these records. The staff told me to get my lawyer to request them, then they would be released. I don't have a lawyer, so that isn't an option. The VA is infamous for losing paperwork and claiming that things never came through to delay a hearing. I am requesting a copy to ensure that this entire thing is expedited and I get the assistance that I have requested.

Does anyone know, specifically, where the Department of Health and Human Services stand on this?

Thanks in advance.
I should add that I am a reservist, and I saw a civilian psychologist.

Answer by expat
Not sure if it is the same for Military.

It is my understanding that you can request a copy of your records, they will charge you for copying them tho.

Answer by monty
Yes I`m sure it stilll comes under the freedom of information act 1998. good luck.

Answer by bluekoala
Yes you are, because those are your records. maybe the person you have spoken to is an asshole. Then you need to go up on the chain of command. But If the Branch of the Armed forces is unwilling to give them to you, you allways can go to THE HEALTH departmant, and they will assign you a doctor to confirm your status, and you can have a copy of your records. I think that aplies to the Armed Forces. But you don't have to kiss their but to get them.

Answer by Time travler
You should be able to see your own records. HIPPA, I though was to keep other people than yourself away from your records, a privacy thing. If I was you, I sure would fight for your rights.

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