March 19, 1999

This column is provided as a service to the membership by the Psychiatrists' Purchasing Group Inc. (PPG), operator of the APA-sponsored Professional Liability Insurance Program.

Q: I attended the APA annual meeting last year, and the APA-sponsored Professional Liability Insurance Program had a customer service representative available at the exhibit booth to answer questions. Will staff be available this year to discuss my policy?

A: Yes. The Program will be represented at booth number 1143 in the Exhibit Hall of the Washington Convention Center. Again this year, there will be an underwriter and other staff from the Program's service team available to answer your questions about professional liability insurance, including providing quotes, giving coverage advice, making policy changes, taking on-the-spot applications, and more.

Additionally, the Program's service team can be reached through a convenient toll-free number, (800) 245-3333; in the Washington, D.C., area, the number is (703) 907-3800. You may also contact the Program via the Web site at www.prmsva.com.

Q: When I receive a request for medical records from my patients, I have my office staff copy them free of charge. I have heard some of my colleagues say they charge their patients for copying records. Do you recommend charging patients?

A: Access to mental health records is controlled by state law. Before any record is released, you should know and comply with the law governing your situation. Most states require that patients have a right to the information contained in a psychiatric record. Some jurisdictions limit patient access under certain circumstances, but require release of the record to the patient's attorney or another health care provider if valid written authorization is provided by the patient.

Assuming that the law in your state allows for patient access to the information, and you have received a valid, written request for this information from your patient, you may proceed to provide the copies. Depending upon the volume of records, providing your patients with a complimentary copy of their medical records is a good business practice and considered a professional courtesy for the first request. For multiple requests or for a large volume of information, you can charge your patients for copying charges and administrative time if state law permits you to do so. Many states have statutes specifically setting forth a maximum allowable per-page charge. Obtaining a copy of any such statutes for use by you or your staff to justify the charges may help avoid angering a patient.

You can find information about your state statutes on the APA-sponsored Professional Liability Insurance Program's Web site at www.apa-plip.com.

The Program's Risk Management Consultation Service is a benefit to its participants at no additional cost. Staffed by professionals with degrees in both the clinical and legal fields, the service answers questions such as this one and others relating to documentation, the provider/patient relationship, and the relationship among and between providers.

For more information or for further assistance on the APA-sponsored Professional Liability Insurance Program, call (800) 245-3333; in the Washington, D.C., area, the number is (703) 907-3800.

APA welcomes the opportunity to hear from you about APA-sponsored benefit programs. Send your questions on the APA insurance and special benefit programs to At Your Service, Psychiatric News, APA, 1000 Wilson Boulevard, Arlington, Va. 22209-3901; e-mail: pnews@psych.org.