(Oct. 2, 2013) Jonathan Meline, 29, was released from Western State Hospital in Washington last October. But upon his release, Jonathan’s parents had no legal access to his treatment records and no way of knowing that his delusions were still active, and he still thought about killing his parents. 
Now, his father, Robert, is dead, killed by Jonathan during a psychotic episode. His mother Kim wants to know why her son was released and who made the decision.
Due to HIPAA (“Health Insurance Portability and Accountability Act”) privacy laws, she has no way to access his treatment records and find out whether anyone involved in her son’s treatment did something incorrectly. As a result, she is suing her son for access to his medical records.
“Suppose your mentally ill son killed your husband with a hatchet. You might want to know whether anyone involved in his treatment screwed up beforehand,” Tacoma News Tribune reporter Sean Robinson writes about Kim Meline’s struggle with HIPAA (“Tacoma mother forced to sue for medical records of mentally ill son,” Sept. 28). “When a patient with a mental illness commits a violent crime, tracking is far harder — almost impossible. Privacy laws governing mental-health records cover all the footsteps.”
The Treatment Advocacy Center routinely receives phone calls from patients and family members frustrated that privacy laws prevent them from helping desperately ill loved ones get appropriate treatment and keep them from being aware of safety issues.
Knowing the law may help family members convince providers to share vital information about loved ones. Read our HIPAA at a Glance chart to learn how to navigate HIPAA
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