Are The Medical Records Confidential?
In regards to Marchman Act medical records and treatment records, Federal HIPAA Law and the rules of confidentiality are very strict
In regards to Marchman Act medical records and treatment records, Federal HIPAA Law and the rules of confidentiality are very strict and can be frustrating for the petitioner when the respondent refuses to sign an “Authorization for Release of Information.” The petitioner will also undoubtedly be frustrated when a treatment facility is unable to answer questions regarding the respondent’s treatment due to a consent not being signed. To ensure continued enforcement, a petitioner or their attorney can request the court to order the treatment provider to testify in support of any necessary motions or petitions pending before the court.
Although the treatment facility cannot disclose information without a release of information or court order, this does not stop a petitioner or an attorney from returning to court if the client observes that the respondent is failing to comply with treatment or has knowledge that the respondent has relapsed.