Washington State Laws on Medical Records

By Angela Davis

First, WA law already exists gives people the right to access copies of their own medical records. If it's the first time someone has asking for that copy of whatever doctor's visit they had, or test, or procedure etc., usually that healthcare system makes that first copy free. Double-check on this, though, because every system works differently (i.e. Ciox).

 https://app.leg.wa.gov/rcw/default.aspx?cite=70.02.100

 To remedy bogus errors and/or gaslighting in one's own medical records, see: 

 https://app.leg.wa.gov/rcw/default.aspx?cite=70.02.090

 If someone is just plain terrible at writing, having a trusted someone else write medical record requests down for you might be a good option. 

 WA law does allow healthcare providers discretion to refuse releasing to a patient a copy of their own medical record.   

 That's at:   https://app.leg.wa.gov/RCW/default.aspx?cite=70.02.090

 This is because all healthcare providers get to write their own vouchers (records), regardless of the fallout to the patient. Imagine if your repair plumber or electrician got to do that? That is what makes Psychiatrists so often dangerous to humankind.

 These WA laws also give patients options for what they may do if a healthcare provider refuses to amend as requested. Look online for, or ask, for the Request an Amendment form for the provider's clinic or office. Be aware, you might want to just call and talk to your provider's nurse, first. There's nothing wrong with doing it the easy way. 

 I've not had anyone refuse to let me have my own medical record yet. Though when I filed a Kepro Complaint on a former PCP, she refused to give Kepro a copy of my medical records, even though I'd signed a release for Kepro, first. I could have copied off what I had instead from her, and had given it to Kepro, but I chose not to. I just let it end as the worst diagnosis was removed by then, which was my reason to get into it all. 

 Be aware, with dishonest HC providers, it can be a full time job dealing with all of these things. Not least of which is the amount of time involved while possibly needing to see a replacement professional. Once an offending statement or other erroneous portion of one's medical record has been identified, then we come to what options exist in WA law for us to correct them, ourselves. 

 That's here: https://app.leg.wa.gov/rcw/default.aspx?cite=70.02.110

 A Request for an Amendment must be received, processed, and denied (or input unsatisfactorily and not then amended again for accuracy) before you can then submit a Statement of Disagreement. Do all this in writing and save paper copies. Some doctors get very creative at throwing wrenches in our attempts, delaying, and time wasting. 

 When the patient, themselves, decides to write a Statement of Disagreement, it has to be "concise". For me, that is always a challenge. However, there's no rule that says I cannot ask someone else to help me write it, which I did. 

 In my experience with MyChart (or other Patient Portals), it's sometimes easier to inform a Provider via my MyChart and see if they'll just correct the medical record in there, first. Be sure to check the "Notes" section, not just the Exit Summary in patient portals. The few times I've done it that way, it was much smoother. There are time limits for how long a healthcare provider and/or their medical records department (often just called ROI)  may take to process your requests or added statements. 

 We learned all of this during the Covid 19 pandemic lockdowns and so some healthcare systems had to inform us they needed extra time. They have the right to take longer if they inform you. Or I should say, some HC systems notified me, one never did. You gotta pick your battles. Most HC systems tell us our rights along with any denial of requests for amendments. It's totally up to the provider who created the record to amend it, or not. Providers may amend only a sentence, or two, of your request, or grant all of the whole request. Those actions of theirs then determine our next choices of actions. 

 Every patient in the USA also needs to know HIPAA is a joke as it pertains to protecting our privacy and confidentiality.  It's a farce that any part in medical records will remain confidential. It does spell out a process if you know something like your ex's newest love, who works in some clinic, has been accessing your medical records. That kind of stuff remains very illegal and it too is very actionable. Report it to your Privacy Officer named on the HIPAA forms for your provider's office.  

 RE: CULTURAL COMPETENCY

 We have lots of refugees, legal and illegal ones, in the Seattle area. They tend to congregate more so in various areas. I'm sure this happens elsewhere in US cities and states, too. 

 Cultural Competency is a "work-around." By which we mean that healthcare providers here do not get to just pick on every cultural, ethnic, or language group because they do not already know whatever it is that Psychology has lately invented the whole USA should behave like. It's not like Psychology is even uniformly coherent itself. But it is really big into forcing it's practices, beliefs, and behaviors on everyone else. 

 We care about this, and discovered this because we are Messianic Nazarenes, though I can think of quite a few more minorities, religious and ethnic groups in WA that need work around's (tolerance) too. Asking for healthcare that has cultural competency training may be just what you or your loved ones need. 

 Our faiths' group rejects Psychology, entirely. Though not Pharmacology. We view pharmacology (legal drugs) as like scalpels. A scalpel is a tool. It is not evil or good in and of itself. The same as insulin is a tool, which given to a healthy person can kill them. But given to a diabetic, in the right amount and administered correctly, saves their lives. The same is true for psychotropic medication. Any prescriber (PA-C, NP, MD, DO) can write a prescription for a MH or BH prescription, or refill it. Though to be fair, some who are not physicians yet might not feel capable. 

 Psychology is not a science, it never has been. It is a philosophy. So, rejecting it is part of our culture, our religion, and our "world view". The same is true of many other and different faiths. Even an atheist may reject it. The right to religion is enshrined in WA State law via it's own WA State Constitution as well as in the US Constitution and a whole pile of other documents with the United Nations.  

 The old ones who have been studying and researching these things about Psychology for ages, are Martin & Deidre Bobgan. They like to refer to psychology as "the wisdom of men". They are Christians but certainly not all who reject Psychology are in the Christian or Messianic boats.

 See: https://www.commonwealthfund.org/publications/newsletter-article/washington-state-cultural-competency-training

 And:

 https://www.dshs.wa.gov/office-of-the-secretary/cultural-competence

 It appears that WA's Covid 19 lockdowns preempted a smooth implementation of the whole Cultural Competency programs and continuing education planned for, for WA's medical providers system. 

 Still, the WA laws on this are here:

 https://app.leg.wa.gov/rcw/default.aspx?cite=28A.415.443

 https://app.leg.wa.gov/rcw/default.aspx?cite=28A.415.445

 https://app.leg.wa.gov/rcw/default.aspx?cite=43.70.613

 https://app.leg.wa.gov/rcw/default.aspx?cite=43.70.615

 You might also try asking Sam Hendrickson with WA Senator Jamie Pedersen's office, for further laws that pertain to this subject. 

 Sam's email as given to me is:     

 sam.hendrickson@leg.wa.gov

 People should not forget to check any lists of adverse reactions listed with their pharmacy on themselves to make sure they're correct. My own doctors all had bad lists of my (drug) Adverse Reactions because every time a prescription was written, my pharmacy then gave them their own bad lists, which my doctors then merged into my medical records. That went on for 7 full years, round and round, until my Ophthalmologist's office noticed and told me about it all.