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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to have copies of my my file from my psychiatrist.

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I would like to have copies of my my file from my psychiatrist. The psychiatrist practice rules state that I can see my files in the presence of the psychiatrist, but do not say if I can have copies. How do I approach the psychiatrist about this issue? I live in Michigan.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Under the Health Insurance Portability and Accountability Act ( HIPAA for short), one may request their medical records from a physician, including a psychiatrist. Per 5 C.F.R. 164.524(b), any medical record and billing related to your file can be requested by the patient in writing and must be received within 30 days of said request. See more here. Regardless the psychiatrist's office rules, HIPAA overrides them.

The medical file includes their notes, too. This includes psychiatry files. Under HIPAA, psychotherapy/psychiatry notes are defined as "notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session."

You can use the sample letter found here. They must reply in 30 days. If they do not, a complaint may be filed with the U.S. Dept. of Health and Human Services (here) and the Michigan state's department of regulatory affairs (here).

I hope this helps and clarifies. Good luck.

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Customer: replied 4 years ago.

Thankj you, it is very helpful information and links.

You are very welcome and best of luck!