Is it legal for DFC tp have a pschological evaluation done on you and you are not entitled to a copy
results from the psychologist who run the test?? Shouldn't I have rights to my own results? She says I am not her client they are..but I am the one who talked to her and spent 3 hours taking that MMPI, it's about me..
Answer:I don't know or what "DFC" is, but this question is right up my alley.
According to the Health Information Portability and Accountability Act (HIPAA) you are entitled to this information if you are an adult and do not have a legal guardian. If you are under 18 or you have a guardian, your parents or guardian are entilted to the information. However, the clinician can restrict release to you if it is thought that it might be somehow harmful for you to see it. If they do so, they are required to respond in writing with a justification for not allowing you to see it. For example, some people might be diagnosed as mentally retarded and it might be too upsetting for the individual to hear that directly. The MMPI isn't used to diagnose mental retardation, though.
Call the agency and tell them you want to request your test results and tell them to send you a HIPAA Compliant authorization for Disclosure so you can have a copy of your own records. You also have the option to go to the agency and review your records with one of their staff present to answer any questions you may have--the agency might prefer to do that.
If they continue to refuse, send a letter that says you will consider legal action. If that doesn't work after a few weeks, find a lawyer.
I work for a state mental health agency and my title is HIPAA Privacy Officer. Their agency is required by law to have a HIPAA Privacy Officer as well. If they don't, they are in trouble.
Have a look at these sites and make up your own mind.
Yes you should have a right to view your own results, If you don't have a lawyer you should get one, because that should be provided to you, especially if your fighting in any kind of court case.
