Can Medical Information Be Shared with Stepparent

[smmdds@roadrunner.com]

I am a dental provider in NH. My office is being placed in a difficult position and I am unable to find a definitive answer to my problem. I hope you can help. We have a family that is divorced. Dad is remarried with a new wife. Mom and Dad share custody of three children. Mom does not want us to share any medicial/dental information with the step Mom, only with the Dad. Dad and step Mom bring kids to their appts. on occasion and Dad allows Step-Mom to make follow up appts. for the kids. Dad also invites step-Mom into the operatory with him to review kids health history and review needed treatment. Legally what are our responsibilities. Step-Mom also carries the secondary dental insurance for the kids and will be receiving the Explaination of Benefits from the insurance company. Can we stop the step-Mother from making appts. or calling about insurance issues with regard to the kids? Do we have to stop the step-Mom from entering the opertory with Dad? Do we have to ask the step-Mom to step out when discussing anything with the Dad? I have checked the laws in NH and I can't find anythng that addresses the step-parents and their right to know if Dad allows this to happen. I need help as the Mom is threatening to sue us if we don't follow what she wants. Mom has little bit knowledge of the law to make her an expert and is not forthcoming with any documentation on what is considered law in NH.
Thanks for your help!
Susan

[antrc170]

Did the father of the children sign a disclosure agreement allowing you to provide medical information to the step-mom?

If the father has partial custody of the children, then he can grant access to their medical histories just as easily as the mom can demand that the step-mom not have access. If there is no disclosure agreement on file then have the father fill one out stating on what conditions the step-mom can have access to the childrens medical records. If the bio mother demands otherwise, tell her of the disclosure agreement and inform her that future issues of this type need to be dealt with via the family court system. The bio mother can then file a petition with the family courts who can decide what medical information is pertinent to be shared.

In my own opinion, if the step-mom is providing insurance, and providing care for the children, and with the fathers permission she would be granted access to the childrens dental records.

[jk]

It's a shame when divorced couples take their pissy arguments to such extremes they involve others such as this.

You would be limited by the HIPAA laws as far as I know. So, you should probably make an effort to determine who has "legal" custody of the children. If the mom has full legal custody, then dad cannot give permission to release information about the children. If there is joint legal custody, get dad to sign a HIPAA release for the kids to allow you to disclose information to stepmom. Then, if mom argues, tell her you have a HIPAA release and if she disagrees with it, she needs to take dad to court to get a ruling. There is no reason this should be involving you.

as to the insurance information; there is nothing you can do about the stepmom getting an EOB. That is between her, the legal custodian of the children, and the insurance company.

Can we stop the step-Mother from making appts.

You can if you want and to avoid your involvement in the pissing match between the parenst, you might consider it. It's your practice. You can require them to have Pres, Obama call you to make appointments if you want. I would do what is in your best interest and what causes you the least grief.

or calling about insurance issues with regard to the kids?

there is no way around that if it is stepmoms insurance. That doesn't mean you have to disclose private information though.

If it was me, I would have mom and dad (and leave step mom out) and you have a meeting where they either agree to some solution or (and I hate to suggest losing a patient but) take their business and squabbles elsewhere. It is ridiculous to cause problems such as this with professional service providers.