HIPAA Regs And Child Custody In Tennessee

[cole_nucmed]

I have sole custody of our minor child with various health issues. Under HIPAA law, can the father, who had visitation rights, meet with our child's physician or access medical records without my written authorization? The father's name is not listed as someone who has authorization to access the child's medical record.

[Mr. Knowitall]

A summary of the law can be read here. The question thus becomes, what authority does the father have under the laws of your state, and more specifically under the terms of your custody order.

[aaron]

By default, Tennessee gives both parents access to a child's medical records:

(a)

(1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following:

(A) The noncustodial parent;

(B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or

(C) In the case of a child in the custody of a legal guardian, then either parent.

(2) Such request must contain the current address of the requesting party.

(3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records.

(4) All expenses for records shall be paid by the requesting party.

(b) Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released.