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Archiver > ORFORUM > 2007-09 > 1188762274


From: "Sandy Sterling" <>
Subject: Re: [GFO] Records release question
Date: Sun, 2 Sep 2007 12:44:34 -0700
References: <856941.1168.qm@web36812.mail.mud.yahoo.com>


I don't think the Freedom of Information Act covers medical records. You
need to look at OAR 309-032-0205 (3):
309-032-0205

Record Requirements

(1) A record shall be maintained for each client who enrolled under this
rule. The record shall contain:

(a) A description of the client;

(b) An assessment of the client's needs including strengths, weaknesses,
presenting problem, and diagnosis;

(c) A service plan defining service objectives, proposed interventions, and
assignment of staff responsibility;

(d) Progress notes that provide an on-going account of client contacts, a
description of service delivered, and monitoring of service objectives; and

(e) A termination summary describing reasons for the client no longer being
involved in service.

(2) A record shall be maintained for individuals served but not yet enrolled
under the provisions of OAR 309-032-0190(2) of this rule. The record shall
contain:

(a) A description of the client;

(b) A preliminary assessment of the client's need based on available
information; and

(c) A record of where and when contacts with the client were made and the
outcome of these contacts.

(3) Records shall be confidential in accordance with ORS 179.505, 45 CFR
Part 2, Mental Health and Developmental Disability Services Division
administrative rules pertaining to client records, and the current edition
of the Mental Health and Developmental Disability Services Division Handbook
on Confidentiality.

[Publications: The publication(s) referred to or incorporated by reference
in this rule are available from the agency.]

Stat. Auth.: ORS 430
Stats. Implemented:
Hist.: MHD 1-1988(Temp), f. & cert. ef. 2-16-88; MHD 4-1988, f. & cert. ef.
4-29-88

and 309-032-0245:

309-032-0245 (8)

Case Record

Supported Employment Services shall maintain an individual case record for
each client receiving services. The Supported Employment Services record may
be a part of the Community Support Services record. The record shall:

(1) Contain an Intake Form prescribed by the Division;

(2) Contain a functional assessment of the client's strengths and deficits
related to the client's ability to work;

(3) Contain relevant information from the client's participation in
Community Support services;

(4) Contain an individual rehabilitation plan which outlines the ongoing
support services to be provided;

(5) Contain progress notes documenting the client's movement toward
specified rehabilitation goals. Progress notes shall be recorded when
significant events occur and at least every other week;

(6) Contain monthly client progress summary forms prescribed by the
Division;

(7) Contain periodic reviews of the rehabilitation plan identifying any
changes in the services needed to allow the client to succeed in the work
environment. Reviews of the rehabilitation plan shall be conducted every 90
days or more frequently if required by the client's condition;

(8) Be kept confidential in accordance with ORS 179.505, 45 CFR 204.50, 42
CFR Part 2 and current edition of the Division's Handbook in
Confidentiality;

(9) Be stored securely and retained in accordance with applicable Oregon
Revised Statutes, Oregon Administrative Rules and Division policies;

(10) Contain a copy of a CPMS enrollment form completed and submitted a the
time Vocational Rehabilitation Division training ends and the client enters
Supported Employment services; and

(11) Contain a CPMS termination form and discharge summary within 30 days of
the client's termination from Supported Employment Services.

[Publications: The publication(s) referred to or incorporated by reference
in this rule are available from the agency.]

Stat. Auth.: ORS 430
Stats. Implemented:
Hist.: MHD 7-1988, f. & cert. ef. 6-28-88

Unless you have a really good reason, you'll probably have a very hard time
getting these records. I'd start with the Health Division at the State
Office Building here in Portland.

I can't get my grandfather's WWI records - only his children are allowed to
get them. So I have to ask my uncle to sign the form to release them to him
and have Uncle V send them to me. Health records are even more sensitive.


Sandy

----- Original Message -----
From: "Nathan Haines Sr." <>
To: <>
Sent: Sunday, September 02, 2007 9:43 AM
Subject: Re: [GFO] Records release question


> Hi,
> I got quite a few responses from people on my
> State Hospital question about their records. Numerous
> people suggested that I go to the State Archives. I
> did not mention in my original question that after I
> went to the State Hospital, I then went to the State
> Archives to look up a lot of other things I wanted to
> get there that day, which was Friday. When I got there
> I told two different guys that work there what
> happened at the State Hospital and that they told me
> that I need to get a court order to get any records
> released from them and I asked them if they have ever
> heard how I go about doing that and they both said
> they had no idea how. They then made no mention of
> them having any records of any kind from the State
> Hospital. I guess they could have told me that but
> since I did not know they had anything like that there
> and I did not specifically ask to see something like
> that, they did not tell me that they had a record book
> as one of the persons who responded to my original
> question told me that they do. Sigh.
> While at the Archives I bumped into Lyleth who
> happened to be there that same day.
> The lady that I bumped into in one of the State
> Hospital offices that told me that I need to get a
> court order to get records gave me her phone #. I
> checked the State Hospital web site and discovered
> this was not just some lady that works in the records
> office, she is the Head of the Medical Records Dept of
> the State Hospital that told me this. I called her #
> yesterday to tell her what several people told me in
> their responses to me that, that info should be
> covered by the Freedom of Info Act and that I should
> not need a court order to get it. All I got was her
> answering machine. I left her the above mentioned
> message. She probably is not working this weekend so I
> doubt I will hear back from her until after Monday. I
> will see what she says.
> Thanks to all for your wonderful responses.
> Nathan
>
>
>
> --- "Nathan Haines Sr." <> wrote:
>
>> Hello Every Body,
>> I have a question. I went to Salem today and
>> went
>> to the State Hospital there. I asked about seeing if
>> it is possible to get hospital records for my father
>> Neal Haines, who spent some time there in the
>> 1950's.
>> I was told that I will have to go before a judge and
>> get a court order to have those records released to
>> me. The person in records there said that she does
>> not
>> know how to go about starting that process. Does
>> anyone know anything about how to get the ball
>> rolling
>> on this? Do you have to get a lawyer or maybe not?
>> Thanks,
>> Nathan
>>
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