Template letter for release of Information REquests
We’re often asked to provide letters to courts, schools, parents and probation officers (to name a few). With a release of information (ROI), this is of course possible, but LPCs should proceed with caution. We want to ensure that we’re maintaining our client’s right to privacy and releasing only the information that is needed/that the client approves. I’ve experienced clients who, when they receive a request for documentation about their mental health treatment feel intimidated by requests from doctors or courts for example, and think they are required to comply. This is not the case, in the state of Michigan, I recommend that LPCs hold on to things like treatment plans and progress notes, politely declining to release them unless subpoenaed by a judge.
What if my client requests that I release them? Your client’s record (everything in their EHR from intake - termination) is theirs to have if they request it. If a client requests a release of information for something like a court hearing or IEP meeting in school, I recommend sharing the following:
Typically minimal information will satisfy any request for information. Systems (e.g., courts and schools) are typically looking for the basics; is the person in care? What type of treatment are they receiving? How often are they attending?
Has the client considered where the information being released will be stored by the system requesting it, and how else it might be used outside of to their direct benefit?
Share the following template letter with your client and offer to submit this in response to the request for records first.
As a Michigan LPC, you can also form a letter that explains why this is a privacy issue that you’d like to protect. Here is a sample letter:
[Date]
[Client's Name] [Address] [City, State, Zip Code]
Dear [Client's Name],
Re: Release of Information for Court, Schools, and Probation Officers
I hope this message finds you well. I'm writing to address your recent request for the release of information pertaining to your mental health treatment. I understand that you might feel pressured or obliged to comply with requests from various entities such as courts, schools, or probation officers. However, it's important to know that you have control over the release of your personal health information, and you're not legally obligated to disclose more than what's necessary.
As your licensed professional counselor (LPC), I am committed to upholding your rights to privacy and confidentiality. Before sharing any information, it's crucial to consider the implications and potential consequences of disclosing sensitive details about your mental health treatment. Therefore, I recommend sharing only the essential information required to fulfill the specific request, while ensuring that your privacy is protected.
Typically, minimal information such as your current treatment status, the type of therapy you're undergoing, and your attendance frequency should suffice for most requests. It's essential to consider where the information will be stored and how it may be used beyond your direct benefit.
To assist you in navigating this process effectively, I have prepared a template letter that you may submit in response to requests for records:
[Insert Template Letter Here]
Please review the template letter, and feel free to reach out if you have any questions or concerns. I'm here to support you and ensure that your rights are respected throughout this process.
Thank you for entrusting me with your care. If you require further assistance or clarification, please don't hesitate to get in touch.
Warm regards,
[Your Name] [Your Credentials] [Your Contact Information]
In conclusion, Michigan LPCs play a pivotal role in safeguarding the privacy and confidentiality of their clients’ information when responding to requests from courts, schools, and probation officers. It is essential for Michigan LPCs to prioritize their clients’ rights and advocate for minimal disclosure, adhering to state regulations and ethical guidelines. By maintaining open communication with clients and utilizing appropriate release of information procedures, Michigan LPCs can uphold the integrity of their practice while protecting the privacy of those they serve.