Be an Advocate for Privacy for the Mentally Ill

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One of the initiatives of DBSA Jackson is to advocate for “a better tomorrow” for the consumers. The case I present to you today causes concern that the stigma toward mental illness is real to our state legislators. I feel it necessary to call attention to the troubling legislation created by our elected officials.

I received the following from Lori Rash, TMHCA:

CONTACT YOUR LEGISLATORS NOW ABOUT LEGISLATION PROPOSED THAT WILL AFFECT CONSUMERS OF MENTAL HEALTH

PLEASE READ: 

NAMI Opposes SB2789/HB2979Compromises Medical Privacy Laws Sponsored by Rep. Vance Dennis of Savannah and Senator Brian Kelsey of Collierville, HB2979/SB2789 forces anyone filing a medical malpractice lawsuit to allow the hospital’s or physician’s attorney to have access to their entire medical history. Under current law, a physician’s attorney already has access to all medical records pertaining to medical negligence issues. However, this proposed legislation would force victims of medical negligence to sign a waiver in order to file a complaint allowing the negligent doctor’s attorney to look at their lifetime medical history ‐ even if the medical records have nothing to do with the issue at hand. “Basically, if a person was treated at any point in their life for mental health and substance abuse issues as well as domestic abuse, these medical records would be available to the doctor’s attorneys and could be brought up in court,” stated Keith Williams, President, Tennessee Association for Justice.  The legislation also allows the other side to have secret, private meetings with the patient’s previous doctors and counselors. If someone files a medical malpractice lawsuit against a hospital or nursing home, this law would allow the lawyers to be able to go back and read all about any illness the patient may have had that does not relate to this specific case. This bill is an invasion of privacy and with the primary purpose to intimidate victims of medical negligence and abuse.         

Lori Rash, LBSW, TCPS, Tennessee Mental Health Consumers Association West Tennessee Manager, 319 Vann Drive Suite L-2, Jackson, TN  38305, home: 731-660-3275   Fax:  731-660-3276