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Archiver > ORFORUM > 2007-09 > 1188766539


From: "Nathan Haines Sr." <>
Subject: Re: [GFO] Records release question
Date: Sun, 2 Sep 2007 13:55:39 -0700 (PDT)
In-Reply-To: <000d01c7ed99$b113ea00$6500a8c0@SLS>


Sandy,
I have a hunch that you are right. I think medical
records are a "whole different ball game" as they say.
Things are changing. Where you used to be able to get
records easily, situations in our society have made
getting records "like pulling teeth" anymore, at least
as far as medical records go.
I think your suggestion of going to the Health
Division office here in Portland is my best bet right
now. I think that would be a better place to start
then a lawyer. I may have to have a lawyer to get
through this and if it comes to that then I will start
looking for one of those "starving Lawyers" out there
as Jeanette suggested! :-]
Thanks for the info Sandy,
Nathan


--- Sandy Sterling <> wrote:

> 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
>
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