How & Why to Request CDCR Medical and Custody Records to Attach to Requests For Medical Care, Information, or Prison Release Due to COVID-19 ● Caitlin Kelly Henry, Esq. Prisoner Advocacy Network ● Pose questions for future training [email protected]● Materials regularly updated here https://www.prisoneradvocacynetwork.org/covid-19.html ● Videos https://www.facebook.com/PrisonerAdvocacyNetwork/ ● Please donate here https://www.prisoneradvocacynetwork.org/donate.html
Transcript
How & Why to Request CDCR Medical and Custody Records to Attach to
Requests For Medical Care, Information, or Prison Release Due to
COVID-19
● Caitlin Kelly Henry, Esq. Prisoner Advocacy Network ● Pose questions for future training [email protected] ● Materials regularly updated here
Why Request Records from CDCR● Records are needed for court
○ It it likely that people will have to file their own individual cases asking a judge to order their release due to COVID-19.
○ To file a case one needs to attach proof ■ of a harm caused by CDCR and COVID-19■ Proof of “exhaustion” of the emergency
602/602HC process● Records are helpful for commutation applications
Why Request Records from CDCR● Courts and the Governor’s office consider CDCR’s
records as the main evidence people can use to prove a fact is true.
● Typically one can’t just say something is true, one needs to prove it by attaching evidence in the form of an “exhibit” that proves that something is true.
What records are helpful to request to prove one needs to be released due to COVID-19? ● Both Medical and Custody Records
○ Medical Records prove someone is at medical risk due to COVID
○ Custody records prove why they are safe to release
How to Request Records from CDCR● There are forms that the person on the inside needs
to complete and sign themselves● They need to turn them into CDCR first● Once turned into CDCR they can share copies with
outside advocates and loved ones who can help in the process of getting records
What Are The Most Important CDCR Forms For Person Inside to Sign & Submit to CDCR?
● Form 7385○ Health Record Authorization Release authorizes CDCR/CCHCS to share
information ● Form 1019/1021
○ Custody Authorization Release authorizes CDCR/CCHCS to share information● Form 7421
○ Advance Directive Documents wishes about end-of-life care. Names the person outside chosen to be a Medical Decision-Maker]
● Form 7465○ Physicians Orders for Life Sustaining Treatment (POLST) documents wishes
How Person Inside Turns In Request For Medical Records● Person in CDCR should write two copies of 7385.
● Put one an envelope and address it to “Health Records” via prison mail with a cover letter noting instructions for where to send the records.
● Put one in an envelope and mail to advocate outside.
● CDCR may charge you
○ If you ask to receive a copy of all of medical records, you should not be charged for the copies.
○ If you request specific documents, you will be charged $.10 per page
How Person Inside Turns In Request For Medical Records● They can also file a 602HC requesting records and noting any delay in
response to initial request they filed. They should note how they tried to obtain records before filing the 602HC.
Sample Language: Person Inside Request For Medical Records
The DOM section 13030.16 “Access to Records” indicates I shall be permitted to inspect and obtain an “exact copy of all or any portion of any nonexempt personal information about” myself. I am requesting a copy of my medical records. I am enclosing a 7385 form to authorize release to [list name]. I request a copy for me and a copy mailed to them.
How Person Outside Turns In Request For Medical Records● Check with counselor and public information officer and Ombusdman for any
changes in policy due to COVID.
● Mail to Health Records Center, P.O. Box 588500, Elk Grove, CA 95758; alternatively, faxed (916) 229-0002 or [email protected].
● For more information one
○ can call the Patient Health Care Inquiry Hotline
○ write to: California Correctional Health Care Services, Health Care Correspondence and Appeals Branch, P.O. Box 588500, Elk Grove, CA 95758.
How Person Inside Turns In Request For Their Custody Records
● People inside have a right to an “Olson” review to see and receive copies of their records (In re Olson (1974) 37 Cal. App. 3d 783, 112 Cal. Rptr. 579; DOM 13030.16.)
● People inside can fill out release forms for people outside to write to CDCR to request records.
○ Person inside signs the 1021 and states who they are authorizing to receive their records. Some facilities accept 7385 medical form. They should turn one into CDCR and mail a copy to their advocate. Specify the time frame the release is valid for (for example, one year).
How Person Inside Turns In Request To Send Their Custody Records Outside
● Person inside can ask their counselor directly and ask to see the file, or ask for a copy to be sent to someone outside with a 7385 release form or a 1019 form (each facility has different processes)
● They can file a form 22 asking to see the file and for a copy
● They can file a form 602 asking for an Olson review. Submit a Form 22 along with original 602. On Form 22, you will want to indicate what the 602 said, when you submitted it, and which member on the prison staff is responsible for delivering it. That is, Form 22 can be used to request that a specific staff member turn in your 602 and it can act as a receipt for your 602.
How Person Outside Turns In Request For Custody Records
● Once person outside has signed 1019/1021 (or 7385 for some facilities) they may write a letter requesting records.
● Due to COVID-19 it is advisable to not just address the request to the facility’s records department mail to facility address, but also to○ contact the PIO and ask for the institution’s policy, ○ contact the Ombusdman and ask for information about how the facility
handles requests.● Other kinds of records can be obtained through the Public Records
1021Release of custody records information person inside signs.
1019● Person outside signs
this to request records.● They can sign and mail
this to person inside and tell the person inside to file along with 1021.
● Or person inside can mail out the 1021 then person outside can sign the 1019.
“I request to be permitted to conduct an Olson Review and a copy of my C-File (SOMS/ERMS) for a legal proceeding at the earliest possible dates. DOM section 13030.16 “Access to Records” states that “Each individual has the right to inquire and be notified whether CDCR maintains a record about him or her. Any inquiry shall specify the name and title of the records system as filed with the OIP. Inmates are granted access and review of information pertaining to themselves under case law (Olson v. Pope (1974) 37 Cal.App.3d783, 112 Cal.Rptr.579) and this section…”
Sample Language: Person Inside Request For Custody Records
Sample Language: Person Inside Request For Custody Records
... they may request an Olson review of their Central File (C-File) from their assigned Correctional Counselor (CC).” I shall be permitted to inspect and obtain an “exact copy of all or any portion of any nonexempt personal information about themselves even when it might be kept under the name of another person, entity, event, or date or among other records systems.” I am enclosing a 1019/1021 form and 7385 form to authorize release to [list name]. I request a copy for me and a copy mailed to them.
“I write to request the records of [Mr./Ms. name] from [date] to [date]. I request:
1. The Electronic Medical Record (EMR) including, all inpatient and outpatient records as required by DOM sections 91070.12 and 91070.17.
2. Medical files that may be contained outside the EMR: All 7362, 602HC, 1824 forms.
3. All C-File or Central File records listed in DOM section 72030
Sample Language: Person Outside Request For Custody and Medical Records
Person Outside Request For Records Cont.
4. SOMS/ERMS Records.
5. Custody records that may be contained outside SOME/ERMS and the c-file, all 602 Forms
Please find enclosed a CDCR 7385 Release Form and CDCR 1019/21 release form authorizing me. Please send the files electronically I look forward to receiving notice of the estimated cost of copying and mailing so I may send a check. Please don't hesitate to contact me with questions.”
Form: 7421
7421Advance Directive For Health Care
Form: 7465
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