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Brad The Therapist
Brad The Therapist, LCPC
Category: Mental Health
Satisfied Customers: 549
Experience:  10 years of experience in working with youth and adults
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Can a psychiatrist in NY State shred records when the client

Customer Question

Can a psychiatrist in NY State shred records when the client has never stopped being her patient?
Submitted: 1 year ago.
Category: Mental Health
Expert:  Brad The Therapist replied 1 year ago.

Brad The Therapist :

thank you for your question. It depends on the documents. What type of documents are being shredded by your psychiatrist?

Customer:

my therapist said my records from 1996, when I started seeing her. to 2003 had been shredded. She thought she had only been seeing me since 2000, I recently applied for disability, and she sent records to them stating they were from 2000 to 2012. After being denied, I hired an attorney, and made an appointment with her to have her fill out paperwork, I also asked at that time about the rest of my records back to 1996. She stated she did not start seeing me until 2000, I must be thinking of someone else, I told her, no, I had only seen her. When I went to my appointment I had with me copies of payments to her from my insurance company that went back to January of 1996. The appointment was a disaster, she was screaming at me, it was horrible. The next day is when she called me to tell me she had shreddded my records from 1996 to 2003, that she only had to keep the last seven years. I am now looking for a new psychiatrist, and when I spoke with office personnel I mentioned she shredded my records and he told me he believed that was illegal since I had never stopped seeing her.

Brad The Therapist :

New York state law stipulates that providers are only required to keep records for 6.5 years, hence your records from 1996 to 2003 would be shredded.

Customer:

Can the provider (doctor) shred them or does she have to hire a company that specializes in shredding medical records?

Brad The Therapist :

The provider can shred them

Brad The Therapist, LCPC
Category: Mental Health
Satisfied Customers: 549
Experience: 10 years of experience in working with youth and adults
Brad The Therapist and other Mental Health Specialists are ready to help you
Customer: replied 1 year ago.

I just rated my experience with Just Ask. I had asked a lot of legal questions prior to asking about the records. I did have to say I did find your answer confusing. If you are asking me what documents, I have to assume there are documents they can't shred, that would have been very helpful in answering my question.

Expert:  Brad The Therapist replied 1 year ago.
Actually,, any documents may be shred after 6.5 years of ending treatment. Please let me know if you have any further questions.

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