A peer-reviewed, evidence-based journal for clinicians in the field of neuroscience
Issue link: https://innovationscns.epubxp.com/i/555782
L E T T E R S T O T H E E D I T O R [ V O L U M E 1 2 , N U M B E R 7 – 8 , J U L Y – A U G U S T 2 0 1 5 ] Innovations in CLINICAL NEUROSCIENCE 11 s/Docs/HS/htm/HS.181.htm. Accessed July 1, 2015. 4. Texas Administrative Code. Title 22: examining boards; Part 21: Texas State Board of Examiners of Psychologists; Ch. 465: rules of practice; Admin codes 465.1(3), 465.1(7), 465.22(b), (c)(4). 5. Borkosky BG, Pellett JM. Can forensic evaluators refuse to release records to evaluees because the records are "information compiled in reasonable anticipation of" litigation (as defined by HIPAA)? Am J Forensic Psychol. 2013:31(3):21-40 6. Paruch D. The psychotherapist- patient privilege in the family court: an exemplar of disharmony between social policy goals, professional ethics, and the current state of the law. Northern Illinois University Law Review. 2009;29(3):499–570. 7. Newport-Mesa Unified v. State of Cal. Dept. of Ed. 371 F. Supp. 2d 1170 (C.D. Cal. 2005). 8. See, e.g., In Re McCann, Case Nos. AP-76998, AP-76999 (Tex: Ct. Crim. App., Nov 20, 2013); Kellar v. US Dept of Veteran Affairs. Civil Action No. 08-cv-00761-WYD-KLM (D. Colo. Feb. 6, 2009). 9. United States Code of Federal Regulations. 45 CFR § 164.524 (c)(2)(iii). See also the case example where the provider had relied on state law that permits the provider to unilaterally make this substitution. http://www.hhs.gov/ocr/privacy/hip aa/enforcement/examples/allcases. html#case11. Accessed July 1, 2015. 10. Butcher JN, Butcher J, Tellegen A, et al. Manual for Minnesota Multiphasic Personality Inventory-2. San Antonio, TX: Psychological Corporation/Pearson Assessment; 2001. 11. Wechsler D. Manual for the Wechsler Memory Scale. 4th ed. San Antonio, TX: Psychological Corporation/Pearson Assessment; 2009. 12. American Psychological Association. Ethical principles of psychologists and code of conduct. http://www.apa.org/ethics/code/Acc essed July 1, 2015. With regards, Bruce G. Borkosky, PsyD Psychologist, independent practice, Sebring, Florida Address for correspondence. Bruce G. Borkosky, PsyD; Email: drborkosky@gmail.com Funding/financial disclosures. No funding was received for the preparation of this article. The author has no conflicts of interest relevant to the content of this letter. AUTHOR RESPONSE Dear Editor: I do not disagree with most of this reader's comments. Consistent with his comments, my article states that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 1 requires disclosure of test data to patients. And I agree with this reader's statement that "the real problem here is test protocols that overlap with, or otherwise reveal, test stimuli." Further, as indicated in the advice section of my article, 2 I agree that the solution to the problem is to separate test materials from the responses. Where this reader and I appear to disagree is the interpretation of HIPAA's exemption from access to "information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding." It is my belief there is no definitive answer, so it is reasonable to look to laws and court opinions for guidance. The reader is correct in noting that case law will not necessarily apply in every jurisdiction and may be very fact-specific. References. 1. Health Insurance Portability and Accountability Act of 1996. Public Law 104-191. 104th Congress. http://www.hhs.gov/ocr/privacy/hip aa/administrative/statute/hipaastat utepdf.pdf. Accessed July 1, 2015. 2. Vanderpool D. Requests for disclosure of psychological testing information. Innov Clin Neurosci. 2014;11(11–12):41–44. With regards, Donna Vanderpool, MBA, JD Vice President, Risk Management Professional Risk Management Services, Inc., Arlington, Virginia.