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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2877
Experience:  30 years of experience
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I own a mental health therapy practice. I have an

Customer Question

Hello. I own a mental health therapy practice. I have an independent contractor who is a Licensed Clinicial Social Worker that saw a child for individual therapy, a mother for individual therapy and a father for individual therapy and then a husband and
wife for marriage therapy. This contractor is no longer with us. He did verify that there was nothing harmful in the records over the phone which I documented. The mother has asked for her individual psychotherapy notes which I am a holder of in her medical
records and I have released her individual records after she signed a consent to release. She also asked for her childs which I released. Her and her husband are in the divorce process but in the separation process. She has asked for a copy of the marriage
therapy records. I only see one but the therapist wrote it up and billed it under her husbands name but says he was the only one present on one note and on another part of that note wrote she was present. But it has the husband's mental health diagnosis on
the note and his info. Technically she cannot have this note correct unless the husband signs a consent to release of information too and they both would have to sign a release to release to each other since it is a joint records since they both were present
correct? I NEED AN ANSWER ASAP. THIS WEBSITE SAYS 10 MINUTES BUT I HAVE BEEN WAITING FOR AN ANSWR FOR DAYS. PLEASE REPLY ASAP.
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including 18 years directly related to the regulation of health care practitioners. I hope to provide you information that will help you in resolving your question.

Under Virginia Code § 32.1-127.1:03 medical records are the “property of the provider maintaining them”. Under the law the patient has a right of privacy in the content of a patient’s medical record. The practitioner responsible for ensuring that the patient’s records are only released in accordance with law.

As such you may not release the husband's records to the wife absent written consent or a court Order. In this instance please note that a subpoena alone may not be sufficient because subpoena's are not issue by the Court, but by the attorney. If you receive a subpoena you should respond by filing a motion to quash go to the hearing and have the judge issue you an Order. Otherwise you risk discipline by your Board. (This scenario has occurred in other states).

Here are links to the law:

http://law.lis.virginia.gov/vacode/title54.1/chapter24/section54.1-2403.3/

This link also has useful information on this issue:

http://statelaws.findlaw.com/virginia-law/virginia-medical-records-laws.html

You can also seek guidance from your licensing Board:

https://www.dhp.virginia.gov/medicine/default.htm

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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