My question involves public health law in the State of: PENN

As part of a parole requirement I must submit to a polygraph exam once a year (or other than directed). I take part in a therapy group and this polygraph is used to see if I have been telling the truth etc. About 2 years ago I noticed a sharp increase in the number of failed polygraphs in the group and started to wonder why all of a sudden this is happening. The company that runs the group changed the company they use to issue the polygraph. Last year I failed for one question I know for sure I did not lie to. So I asked the therepy company for a copy of my polygraph results and they said I do not have a right to them. What?? I said. I wanted to see the results and possibly have them evaluated by a third party.

If you fail a polygraph you must attend more sessions per week of course which they charge you for. Also, if you have inconclusives they treat that as though you are hiding something (I had an inconclusive this past one and I know I was not lieing).

When I asked the company for the polygraph results I quoted:

Code of Federal Regulations:
Title 45: Public Welfare
PART 164—SECURITY AND PRIVACY
Subpart E—Privacy of Individually Identifiable Health Information
§ 164.524 Access of individuals to protected health information.

...an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set...

The reply I received verbally was:

Code of Federal Regulations:
Title 45: Public Welfare
PART 164—SECURITY AND PRIVACY
Subpart E—Privacy of Individually Identifiable Health Information
§ 164.524 Access of individuals to protected health information.

...(a) Standard: Access to protected health information —(1) Right of access. Except as otherwise provided in paragraph (a)(2) or (a)(3) of this section, an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set, except for:

(i) Psychotherapy notes; ...

So they are stating that because it is a metal health group my polygraph results are protected (against me-used against me). However, I looked further and found:

Title 45: Public Welfare
PART 164—SECURITY AND PRIVACY
Subpart E—Privacy of Individually Identifiable Health Information
§ 164.501 Definitions.

... Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual's medical record. Psychotherapy notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date. ...

Since the polygraph examiner is not a mental health professional such as a doctor of any kind with a title of MD, PhD in the line of pshychiatry then I would think that I have every right to see the results and have them examined by a third party.

How do i know if they are not altering the results of the tests to make more money. And would that not be a conflict of interest to begin with.

So my question is: Is this worth going further with to the Dept of Health and Human Services and filing a complaint?

Any advice would be appreciaed.
Thank you.