Neel v. Luther Child Center

989 P.2d 600, 98 Wash. App. 390
CourtCourt of Appeals of Washington
DecidedDecember 13, 1999
DocketNo. 41346-5-I
StatusPublished
Cited by3 cases

This text of 989 P.2d 600 (Neel v. Luther Child Center) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neel v. Luther Child Center, 989 P.2d 600, 98 Wash. App. 390 (Wash. Ct. App. 1999).

Opinion

Becker, J.

At issue is a trial court order denying a father’s request to compel disclosure of his daughter’s counseling records under the Uniform Health Care Information Act, chapter 70.02 RCW The daughter’s health care [392]*392provider violated the Act by unilaterally refusing disclosure. We nevertheless affirm the order as an appropriate exercise of the court’s discretion to protect the best interests of the child.

In 1995, Ray and Georgia Neel dissolved their marriage. They have two minor daughters. Judge Peter Jarvis of the King County Superior Court presided over their three week long divorce trial. He entered a parenting plan, awarding Georgia primary residential time with the children. The plan provides that both daughters should receive counseling and that both parents should have access to the counselors:

Any counselor or therapist of either child should have the ability to contact both parents and involve them in any treatment deemed necessary. Both parents shall have access to the children’s therapists or counselors until the children reach twelve years of age. After age twelve it will be up to the treatment provider to contact and involve the parents if it is considered advisable after obtaining the consent of the child.

Judge Jarvis explained in his memorandum decision that any counselor or therapist “should have the ability to contact Ray and involve him in any treatment deemed necessary. There is no reason that Ray should not have the same access that Georgia does to [A’s] counselors and therapists.”

In 1997, Ray brought a parenting plan modification action before Judge Jarvis. In connection with that action, Ray sought discovery of his eight-year-old daughter’s counseling records. LifeNet Health, a counseling center located in the Snohomish County, had been counseling A, Ray’s daughter. On March 28, 1997, Judge Jarvis denied Ray’s discovery request.

Meanwhile, on February 13, 1997, Ray sent a letter directly to LifeNet requesting a copy of A’s counseling records. LifeNet did not respond to Ray’s request. Ray then filed the present action in the Snohomish County Superior Court, invoking the Uniform Health Care Information Act, [393]*393chapter 70.02 RCW, and asking the court to compel LifeNet to disclose the records. A commissioner initially ordered the matter transferred to Judge Jarvis, who retains jurisdiction over postdissolution matters, but Ray successfully moved for revision and the matter remained in Snohomish County.

The Snohomish County Superior Court ordered LifeNet to show cause why it should not disclose the records. LifeNet responded that in light of the parents’ history of conflict with each other and previous allegations of child abuse, release of the records would not be in A’s best interests. LifeNet claimed that if A knew her thoughts were being disclosed, it might adversely impact the ability of LifeNet to treat her.

The court ordered LifeNet to submit all the records to the court in camera. After conducting an in camera review, the court ruled that it was “not in the best interest of the child” for either parent to have access to the records. The court stated, “Due to the continuing disputes between the parents, the child needs to feel that her comments are protected.” The court found that its ruling did not modify the parenting plan entered by Judge Jarvis. Ray appeals from the order denying his access to the records.

In 1991, the Washington State Legislature enacted the Uniform Health Care Information Act, chapter 70.02 RCW In enacting that statute, the Legislature found that health care information, if improperly used or disclosed, could cause significant harm to a patient’s interest in privacy or health care. RCW 70.02.005(1). The Legislature also found that patients have a need to access their own health care information to make informed decisions about their health care. RCW 70.02.005(2).

If the patient or the patient’s authorized representative requests information regarding his or her health records, a health care provider must respond to the request within 15 days and must state whether or not it will grant or deny the request. RCW 70.02.080(1). Denial is appropriate if the health care provider reasonably believes the disclosure [394]*394would be “injurious to the health of the patient,” or “could reasonably be expected to cause danger to the life or safety of any individual” or that the “health care information was compiled and is used solely for litigation.” RCW 70.02.090. But if the health care provider refuses to disclose the records for one of the above reasons, the health care provider must agree to make the records available to another licensed or certified health care provider chosen by the patient or the patient’s representative. RCW 70.02-.090(3); RCW 70.02.130(1).

LifeNet does not dispute Ray’s claim, as A’s parent, to be her authorized representative for purposes of gaining access to health care records. See RCW 26.09.225. It is also undisputed that LifeNet neither responded to Ray’s request, nor did it inform Ray that the records could be made available to another health care provider.

LifeNet contends that a health care provider need not provide access if it determines that the patient’s representative is not acting in the child’s “best interests.” The statute, however, merely provides that: “A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.” RCW 70.02.130(2). This provision does not allow a health care provider to refuse disclosure based on its own opinion that the requester is not acting in the patient’s best interest.

Where a health care provider reasonably believes that disclosure would be injurious to the patient, the Act envisions that the health care provider will make the records available to another licensed health care provider selected by the patient, rather than deny access altogether. RCW 70.02.090(3). To comply with the Act, LifeNet should have formally denied Ray’s request, and offered to make the records available to another health care provider.

We nevertheless conclude the trial court proceeded appropriately in denying Ray’s request. Ray relied on RCW 26.09.225(1) in claiming to be A’s authorized representative. Under that statute, either parent may access the child’s health care records:

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Related

In Re The Adoption Of A.W.A.
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54 P.3d 222 (Court of Appeals of Washington, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
989 P.2d 600, 98 Wash. App. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neel-v-luther-child-center-washctapp-1999.