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    1. Re: [GENMASSACHUSETTS] state hospital records
    2. This is a Message Board Post that is gatewayed to this mailing list. Author: skvesta Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.massachusetts.unknown/6724.1.1.1.1/mb.ashx Message Board Post: I tried contacting the Medfield State Hospital for my ancestor's records and here was their reply... Dear Ms._______ Please know that your email inquiry regarding records of the Department of Mental Health [DMH] has been referred to me for reply. It is not unusual for family members to inquire about the medical history of relatives they believe were within the DMH hospital system. Given the content of your letter, it is particularly understandable in your case, and I am sensitive to this. Unfortunately, due to privacy law constraints imposed upon DMH by federal and state laws and regulations, including but not limited to so-called HIPAA laws, DMH can only release Protected Health Information [PHI] regarding its clients under very limited circumstances. DMH cannot even confirm whether an individual ever received DMH services unless those circumstances are satisfied. For a deceased client or patient, DMH may only release records pursuant to a valid Court Order or upon written authorization from the client's Executor or Administrator of the client's estate. This is true even for very old records. Also, even if there was a Court Order or Probate Court authorization available, it is possible that any records from 1991 and prior (if they even existed in the first place) may have been lawfully destroyed. State regulations permit the destruction of impatient records older than twenty (20) years old. Accordingly, we are unable to provide the information you requested. Although you may seek court authority, by Court Order or Probate appointment, to request those records, it is possible that such records did not exist or were lawfully destroyed. DMH is not permitted to advise you in advance of a Court Order or Probate appointment whether any records can be located. Although as a family member this may not be the news you wanted to hear; I hope you understand that privacy laws serve to allow all of our clients and patients to freely communicate with their mental health clinicians without fear that their sensitive records might be viewed at any time, even after their death, and even by concerned family members. I am sorry I cannot be more responsive, other than to offer my assistance in the event you obtain a Court Order or Probate appointment. I am available should you have any further questions or concerns as well. Bill Bailey _________________________________ William Bailey Director of Privacy & Compliance Department of Mental Health 25 Staniford Street Boston , MA 02114 (617) 626-8163 _________________________________ Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

    10/24/2012 02:38:54