LTC application in MA Medical records question

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Hello,

I'm planning on applying for my LTC in MA and had a question about how much information from your medical records can be reviewed and used to deny your application. If you've been treated for depression or anxiety and have been prescribed medication is that something thats searchable and a reason to deny your application? I'm unclear on how they define "mental illness" when it comes to this.
 
Hello,

I'm planning on applying for my LTC in MA and had a question about how much information from your medical records can be reviewed and used to deny your application. If you've been treated for depression or anxiety and have been prescribed medication is that something thats searchable and a reason to deny your application? I'm unclear on how they define "mental illness" when it comes to this.

I believe they only want to know if you have been involuntarily committed.

Doctor-patient confidentiality applies.
 
Hello,

I'm planning on applying for my LTC in MA and had a question about how much information from your medical records can be reviewed and used to deny your application. If you've been treated for depression or anxiety and have been prescribed medication is that something thats searchable and a reason to deny your application? I'm unclear on how they define "mental illness" when it comes to this.

Question 8: Have you ever been confined to any hospital or institution for mental illness?

Neither your police chief nor EOPS gets to troll into your medical records without a warrant. Note that question 8 asks if you have "ever been confined to any hospital or institution for mental illness." It doesn't ask "have you ever been treated for mental illness" or "have you ever been prescribed a medication for mental illness."

Unless a judge has ordered you confined to a hospital or institution, then you can honestly respond no to question 8. And no, your chief isn't going to find out what medications you have been prescribed.
 
. . . unless you volunteer that info. I'm aware of a case or two where people volunteered info that the chief then used to declare the person unsuitable.

Don't offer up any UNREQUIRED information, period!
 
Question 8: Have you ever been confined to any hospital or institution for mental illness?

Neither your police chief nor EOPS gets to troll into your medical records without a warrant. Note that question 8 asks if you have "ever been confined to any hospital or institution for mental illness." It doesn't ask "have you ever been treated for mental illness" or "have you ever been prescribed a medication for mental illness."

Unless a judge has ordered you confined to a hospital or institution, then you can honestly respond no to question 8. And no, your chief isn't going to find out what medications you have been prescribed.


Does "confined" actually mean involuntarily confined, or just confined? E.g. if you check yourself in, they don't let you out for a couple days, but after your time is up you can just leave.

So, technically, you were confined, because you couldn't leave, but only for that short time, and you were never adjudicated mentally defective.
 
Does "confined" actually mean involuntarily confined, or just confined?
Involuntarily. If you went to the ER, said you were depressed, they suggested that you check into the psych ward for a few days, then you weren't confined. If a judge ordered you to be confined to a Bridgewater, then you were confined.

Of course, IANAL.
 
Neither your police chief nor EOPS gets to troll into your medical records without a warrant. Note that question 8 asks if you have "ever been confined to any hospital or institution for mental illness." It doesn't ask "have you ever been treated for mental illness" or "have you ever been prescribed a medication for mental illness."

Unless a judge has ordered you confined to a hospital or institution, then you can honestly respond no to question 8. And no, your chief isn't going to find out what medications you have been prescribed.

Most of this is not true. A judicial order of commitment is not required to fireoff MA's commitment requirement (we have had people call us who voluntarily committed or who were simply reported as calling crisis intervention hotlines). The state funds to some extent just about every mental health facility in the state of MA and as such, can require disclosure to the state of certain records. Anyone who has asked for emergency mental health services is in one database. All of those who have called into a crisis line where the person on the other line called out the cops or was concerned the caller was suicidal or could hurt others or themselves is in a database.

It is scary what info is being shared through CJIS and the mental health system to the police department and we have not gotten to the end of said disclosures. I don't think the OP has anything to worry about wrt to the two things they posted about, but what you said is absolutely not true. It just isn't common knowledge.

Now, there is some question as to how much of this can actually be used to deny a license beyond suitability and what it all means (like question 8, what does that really mean) but the information is available to the cops.
 
Most of this is not true. A judicial order of commitment is not required to fireoff MA's commitment requirement (we have had people call us who voluntarily committed or who were simply reported as calling crisis intervention hotlines). The state funds to some extent just about every mental health facility in the state of MA and as such, can require disclosure to the state of certain records. Anyone who has asked for emergency mental health services is in one database. All of those who have called into a crisis line where the person on the other line called out the cops or was concerned the caller was suicidal or could hurt others or themselves is in a database.

It is scary what info is being shared through CJIS and the mental health system to the police department and we have not gotten to the end of said disclosures. I don't think the OP has anything to worry about wrt to the two things they posted about, but what you said is absolutely not true. It just isn't common knowledge.

Now, there is some question as to how much of this can actually be used to deny a license beyond suitability and what it all means (like question 8, what does that really mean) but the information is available to the cops.


Basically, if you ever seek help for something, you might as well give up any chance of easy access to self defense rights, forever. That's a great message: If you ask for help, it might ruin your life.

Does, "the state" above mean Massachusetts, or "the state" as compared to "the people"? e.g. would a voluntary "committal" in another state (of the union) still show up for the MA cops' background check?
 
Basically, if you ever seek help for something, you might as well give up any chance of easy access to self defense rights, forever. That's a great message: If you ask for help, it might ruin your life.

Does, "the state" above mean Massachusetts, or "the state" as compared to "the people"? e.g. would a voluntary "committal" in another state (of the union) still show up for the MA cops' background check?

Just MA that I know of (I do not know what sharing agreements extend this, but there may be something) and yes, it sends the wrong message. Now, that said, a simple doctors note waives the problem. Trying to get said note is another issue. But it typically is not a major issue if you can find the note or are willing to do what it takes to get the note. But that ends up taking so long too many give up. It's something we will deal with when the right time/circumstance comes.
 
Basically, if you ever seek help for something, you might as well give up any chance of easy access to self defense rights, forever. That's a great message: If you ask for help, it might ruin your life.
That's the chilling message here and something we've become very concerned about.

I think that if mental health advocates were aware of this problem they'd be concerned as well, but the problems doesn't have a lot of viability.
 
Thanks for all the responses. I guess the answer is don't volunteer any unrequired information. I've never been confined period so I think I'm ok.
 
That's the chilling message here and something we've become very concerned about.

I think that if mental health advocates were aware of this problem they'd be concerned as well, but the problems doesn't have a lot of viability.

Of course, for some in the mental health community, the problem they would be concerned about is the fact that persons without a history of treatment can actually own guns [angry]
 
As Rob points out, most in this field are likely moonbat antis. I know that the fruit loop state psychologist who used to live across the street from me definitely fit that mould.
 
Another real sad result of this type of scenario, is that many people who have sought out help with Mental Health issues and are succesfully treated would be more "suitable" to have an LTC than many people who have not accessed the Mental Health system and may none the less have issues.

Additionally many people who are "confined" voluntarily to Mental Health facilities that are diagnosed with Medical conditions that resulted in the symptoms that presented causing concern about thier mental health. Anything from thyroid issues, menopause, many others or even the side effects of prescribed medications can cause symptoms similar to mental health issues. A letter from a doctor may straighten this out, but now you are faced with disclosing not only your mental health records, but your medical records relative to all of your medical issues, many of which are sensative or easily misunderstood.

I don't want anyone who is "unstable" out there with a weapon any more than anyone else, but there should be a happy medium somehow.

So much for HIPPA...................
 
As Rob points out, most in this field are likely moonbat antis. I know that the fruit loop state psychologist who used to live across the street from me definitely fit that mould.

Actually, I have spoken with people in that field and the belief is that this is bad because it will discourage reporting and it can be carried past guns if left to fester.
 
A letter from a doctor may straighten this out, but now you are faced with disclosing not only your mental health records, but your medical records relative to all of your medical issues, many of which are sensative or easily misunderstood.

I have learned the hard way regarding Doctor's letters and guns. My town requires you to have a doctor's letter. My advice: If anyone is ever required to obtain a Doctor's letter, have it simply written. Such as, "X is mentally stable to own a firearm." More information than that will trigger the suitability issue.
 
Another real sad result of this type of scenario, is that many people who have sought out help with Mental Health issues and are succesfully treated would be more "suitable" to have an LTC than many people who have not accessed the Mental Health system and may none the less have issues.

Additionally many people who are "confined" voluntarily to Mental Health facilities that are diagnosed with Medical conditions that resulted in the symptoms that presented causing concern about thier mental health. Anything from thyroid issues, menopause, many others or even the side effects of prescribed medications can cause symptoms similar to mental health issues. A letter from a doctor may straighten this out, but now you are faced with disclosing not only your mental health records, but your medical records relative to all of your medical issues, many of which are sensative or easily misunderstood.

I don't want anyone who is "unstable" out there with a weapon any more than anyone else, but there should be a happy medium somehow.

So much for HIPAA...................

FIFY, it's HIPAA.



Sent from my iPhone 5.
 
As Rob points out, most in this field are likely moonbat antis. I know that the fruit loop state psychologist who used to live across the street from me definitely fit that mould.
True, but advocates for mental health see gun prohibitions due to past mental health issues as part of the undesirable stigma associated with mental illness. Perhaps if guns were more restricted for everyone they wouldn't have a problem, but as it stands many of them feel that CGA60 prohibitions needlessly stigmatize people and discourage them from seeking help.
 
True, but advocates for mental health see gun prohibitions due to past mental health issues as part of the undesirable stigma associated with mental illness. Perhaps if guns were more restricted for everyone they wouldn't have a problem, but as it stands many of them feel that CGA60 prohibitions needlessly stigmatize people and discourage them from seeking help.

Curiously enough, someone who has been treated for mental illness can end up with a psychiatrist's certification that they have been examined and are currently free of mental disease or defect. How many of us can make that claim [smile]
 
I have learned the hard way regarding Doctor's letters and guns. My town requires you to have a doctor's letter. My advice: If anyone is ever required to obtain a Doctor's letter, have it simply written. Such as, "X is mentally stable to own a firearm." More information than that will trigger the suitability issue.

Why go into that much detail? "I know X and know of nothing that would make him unsuitable to possess or carry a firearm." (Besides, my optometrist would never venture an opinion of mental health.)

Ken
 
Dear Captain X:

I am writing to inform you that this crazy bastard applicant Y is suitable to own and/or swallow a firearm.

Sincerely,

Dr. Kevorkian
 
If someone recognizes that he/she has a problem and seeks help that to me makes them more "suitable" as they know a problem exists and are making an attempt to correct it. I wouldn't say jack about it to the officer in charge of handing out the LTC though. Don't ask don't tell.
 
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