FROM: Barbara Hannah, Chief Counsel
SUBJECT: Benefits Policy No. 007 (Release of Cautionary Reports of Psychiatric Evaluations)
RECOMMENDATION:
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Approve updates to Benefits Policy No. 007 (Release of Cautionary Reports of Psychiatric Evaluations).
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BACKGROUND:
General Policy No. 005 involves the periodic review of Board policies and indicates the Administrative Committee review Benefits policies every three years. As part of SBCERA's disability retirement process, the staff often receives psychiatric evaluation reports from an Applicant's treating psychiatrist or psychologist, or an independent medical examiner and such reports contain a cautionary admonition advising against the release of the report or any of its contents directly to the patient.
Benefits Policy No. 007 requires that a psychiatric report containing a cautionary admonition may be released to a member's attorney. The same cannot be done with a member who is self-represented (pro per). Therefore, to ensure compliance with the cautionary admonition, the Board's policy prohibits the release of a psychiatric evaluation report directly to a member in pro per but does provide a process where the member may request for a physician to review, discuss, and/or release the report to the member. This process follows the premise that a person who is in pro per should be afforded the knowledge of all the evidence that is either in support or against their claim. As a result, staff sends notice to the physician of the request made by the member and the physician must determine whether they agree to review, discuss and/or release the report to the member. The updated changes provide clarity to the internal process so that staff remains in compliance with the cautionary admonition and policy.
COMMITTEE REVIEW:
This item was reviewed by the Administrative Committee at its meeting on March 21, 2024, and recommends Board approval with a 4-0 vote.
BUDGET IMPACT:
None.
STRATEGIC PL...
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