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OT - How can you legally be denied your own medical records??

Posted by on Jun. 26, 2014 at 10:13 AM
  • 20 Replies
Our surrogate contacted her agency to get a copy of her psych eval. They are refusing to give it to her, citing 'legal reasons' which they refuse to elaborate on. They will also not release it to our RE clinic....which is kind of the whole point for getting it done in the first place. She went through the agency for the evaluation, and doesn't know the name of the psychologist who did it, and they won't give her the info. Wtf? How can they legally keep her from her own medical records?
by on Jun. 26, 2014 at 10:13 AM
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Replies (1-10):
4evrinbluejeans
by KK on Jun. 26, 2014 at 10:19 AM

do you have an attorney helping you with the legal contracts/process?  

Jack_Squat
by Silver Member on Jun. 26, 2014 at 10:22 AM
Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.

Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  

4evrinbluejeans
by KK on Jun. 26, 2014 at 10:25 AM
2 moms liked this

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  


Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.
Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  


Jack_Squat
by Silver Member on Jun. 26, 2014 at 10:27 AM
Her previous IPs paid for it. Psych evals are generally good for a year. They are definitely under obligation to provide it, as it's her medical records. That is the only thing they refuse to release.

Quoting 4evrinbluejeans:

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  

Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.

Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  

4evrinbluejeans
by KK on Jun. 26, 2014 at 10:36 AM

It seems this is something your attorney should be handling.  They are quite capable of working without of state attorneys regarding out of state laws.   

Quoting Jack_Squat: Her previous IPs paid for it. Psych evals are generally good for a year. They are definitely under obligation to provide it, as it's her medical records. That is the only thing they refuse to release.
Quoting 4evrinbluejeans:

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  


Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.
Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  


snookyfritz
by Platinum Member on Jun. 26, 2014 at 10:46 AM

I agree with you.  She might want to review her contract.  I don't see any way they could compel the company to give that information out.  They're contract with her is to protect themselves.  

Quoting 4evrinbluejeans:

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  


Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.
Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  


Jack_Squat
by Silver Member on Jun. 26, 2014 at 6:37 PM
The psychologist is an independent psychologist. They can't just deny her her own medical records. I've asked multiple agency owners, and they all say no way, this is all sorts of wrong.

Quoting snookyfritz:

I agree with you.  She might want to review her contract.  I don't see any way they could compel the company to give that information out.  They're contract with her is to protect themselves.  

Quoting 4evrinbluejeans:

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  

Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.

Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  

Jack_Squat
by Silver Member on Jun. 26, 2014 at 6:39 PM
She has an appointment tomorrow with her attorney. We each have our own attorneys for a reason. Every state's surrogacy laws are different. They will be talking at some point, though, when we're ready to sign the contract.

Quoting 4evrinbluejeans:

It seems this is something your attorney should be handling.  They are quite capable of working without of state attorneys regarding out of state laws.   

Quoting Jack_Squat: Her previous IPs paid for it. Psych evals are generally good for a year. They are definitely under obligation to provide it, as it's her medical records. That is the only thing they refuse to release.

Quoting 4evrinbluejeans:

did the agency order and pay for it?  They may be under zero obligation to provide it to you since they are a private agency and you are not using their services.  

Quoting Jack_Squat: Yes, we both have attorneys. Mine is in Utah and won't be much help as far as AZ laws go. She's getting in touch with her attorney, today. I'll be damned if I'm going to pay $400 for her to get a new eval when she already has a perfectly good one.

Quoting 4evrinbluejeans:

do you have an attorney helping you with the legal contracts/process?  

motha2daDuchess
by Bruja on Jun. 26, 2014 at 6:51 PM

She needs to go to the agency and sign a waiver for the information to be released. They can try and say hipaa but the person has the right to their own medical records. There is nothing that legally states they can decline to release it.

Jack_Squat
by Silver Member on Jun. 26, 2014 at 6:52 PM
She's already signed the disclosure forms...both for the agency and for the clinic.

Quoting motha2daDuchess:

She needs to go to the agency and sign a waiver for the information to be released. They can try and say hipaa but the person has the right to their own medical records. There is nothing that legally states they can decline to release it.

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