Vilches v. Leao
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Vilches, the father and guardian of Doe (age 7), took her to Leao for treatment. Vilches later sued Leao to compel the release of Doe’s therapy records. Under Health and Safety Code 123110, the personal representative of a minor is entitled to access the minor’s patient records unless “[t]he health care provider determines that access to the patient records ... would have a detrimental effect on the provider’s professional relationship with the minor patient or the minor's physical safety or psychological well-being. The decision of the health care provider ... shall not attach any liability to the provider unless the decision is found to be in bad faith. Leao indicated she had determined that it would have a detrimental impact on Doe’s ability to trust in general, and would negatively impact the patient-counselor relationship. She was also concerned that Vilches would use the records to coach his daughter's responses in a court evaluation in an upcoming custody proceeding.
The court of appeal affirmed summary judgment in favor of Leao, rejecting an argument that the absence of bad faith does not immunize a therapist’s determination from judicial review and that section 123110 creates a presumption of entitlement to disclosure. The statute does not require separate determinations for each type of patient record. When the provider makes the detriment determination, a plaintiff must show bad faith to compel disclosure.
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