Neuropsychologist refuses to release test scores. Do I have

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Provv
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01 Jul 2011, 12:54 am

The neuropsychologist gave me a report explaining his findings but he refused to release the actual test scores on the grounds that I am not trained to interpret them. According to him he is not allowed by law to release them to a patient.

My understanding is that by law, I, the patient, have the right to all information in my chart except the doctor's personal notes, but my test scores (ie: IQs) are probably not his personal notes.

Can someone please tell me how to proceed?

Does HIPAA say anything about the information a patient has access to?

How do I proceed? Do I call a lawyer? File a lawsuit?



draelynn
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01 Jul 2011, 1:09 am

Trying calling his office manager and ask for a copy first. Just don't discuss your previous conversation with the doctor. Just ask for a copy of your testing results. It sounds like your doctor is just being obtuse... they are your records.



neurodiversity100
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01 Jul 2011, 5:02 am

in the UK the patient has the right to read any information written about them eg in an email/letter etc

I dont know about the US, never worked there - but you should be within your rights to view it.

What was the test, maybe someone [possibly myself] could find the necessary resources to help you interpret them. The person who posted above is absolutely right - ask to speak to the office manager and ask if they'll photocopy and send them out to you or email you them.

Dont mention anything to do with the Dr though. If the doctor does say that you wont be able to interpret them you can reply that the materials to interpret it are in the public domain so you have access to them [check first].

Was this the DISC test to diagnose autism?

A possible way round it is to check your family doctor has a copy and go ask them to see it if the Psychologist is being difficult - they will also have a report before too long so that should provide the interpretation.



Tadzio
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01 Jul 2011, 5:08 am

Hi Provv,

Neuropsychologists often "adjust" test scores by secret "cookbook" rules, that are religiously guarded against intrusion of factual inquiry.

"Patient Privacy" is often an initial excuse used be doctors (even protecting the patient's privacy against the intrusion by the patient's own knowledge and inquiry). After "Patient Privacy" barring the patient's own knowledge, "test integrity", "test security", "trade secrets", etc., are then used as excuses. Some professionals use large fees for releasing copies of the information as a seeming deterrent to stop patients from obtaining the scores.

Most of my experiences with obtaining actual test scores other than a lumped judgement/opinion, has been with employment examinations and esp. the MMPI, and various other psych and physical exam results. A couple websites that somewhat exemplifies what can loom for the issues are:
http://richmond.injuryboard.com/head-an ... eid=232632
http://www1.umn.edu/mmpi/documents/courttestimony.pdf

A recalcitrant neuropsychologist can wreak havoc on any whim, but if the doctor has a different rule for one patient different from other different patients, or degrees of impairment, discrimination is probably a plausible claim. Hints of future "administrative remedies" through government bureaus often reduces the recalcitrance through concern of tons of paperwork and apparent fraudulent billing for tests not actually, or fully, performed, and "not" documented, yet billed to insurance agencies.

A major issue with tests and Asperger's Syndrome that irritates me, is that many professionals will assume that high scores on tests (such as various IQ tests) where a high score is a beneficial item to the social standing of the patient, are suddenly invalid, and do not reflect what the tests are claimed to be measuring, because "those people" with various impairments can't perform "that well", or "possess" the skills, talents, and attributes measured by the tests as when the tests are administered to "normal people". Some professionals will "adjust" amalgamated test scores downward to reflect their professional prejudices in regards to various classes and categories of patients. Other professionals will "flip-flop" on the value of a test (such as a high IQ score disqualifying the patient from typical jobs and many other opportunities for employment and social positions).

With my federal discrimination complaints, one MSPB judge ruled that a perfect 100% job exam score was justified as being regarded as being held as a "failed" because of my disability, while an EEOC judge told me that I was over qualified for such mundane federal jobs, and in his personal opinion, I would just be bored with such jobs (hence, disqualified again). Fickle abuse of tests leads to damages and conflict, for example, of the abridged MMPI: http://www.startribune.com/lifestyle/52 ... page=1&c=y

In the late 1980's, when I sought to exhaust EEOC required administrative remedies with IRS over my job exam scores for an IRS job, they detained me for hours in a locked closet under a stairwell in the Gold Building at 55 South Market St., San Jose, California, while they waited for "Official Clearance" to act. One IRS Revenue Officer "joked" that I was dealing with the American Gestapo. What else could I expect in the USA with all those self-evident truths? I did get scores for my tests months later.

Tadzio