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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default HIPAA Laws and Step-Parents Taking Kids to Doctor

    In a few weeks..I will become step-Mom to a great 11 y/o girl. I am also a Registered Nurse.

    The child tried to call Mom to state she was ill, sans answer. So I took her to the MD on Dad's request. Just a mere virus.

    Weeks later, when in Dad's care, I drove her to her sports psychologist appt @ his home. He asked my role and invited me in. Far into this session, I asked if a change in residence or family dynamics could contribute to her new mind-block in gymnastics. He explored this with the child and she opened up about Mom's leaving hubby #2 and sharing a bedroom with her 2 younger brothers, as well as my role as dad's fiancee. The child later told Mom that the above could have played a role.

    Now bio-mom is trying to bar me from taking her to appts EVER, citing HIPPA laws.

    On a side note..I will be volunteering a week in the role of Camp Nurse so she may attend..so I guess that would serve as exception..

    PLEASE ADVISE on the legality of all of this.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Hippa.step-Mom/Bio Dad V. Bio Mom

    Quote Quoting nursewendy
    View Post
    In a few weeks..I will become step-Mom to a great 11 y/o girl. I am also a Registered Nurse.

    The child tried to call Mom to state she was ill, sans answer. So I took her to the MD on Dad's request. Just a mere virus.

    Weeks later, when in Dad's care, I drove her to her sports psychologist appt @ his home. He asked my role and invited me in. Far into this session, I asked if a change in residence or family dynamics could contribute to her new mind-block in gymnastics. He explored this with the child and she opened up about Mom's leaving hubby #2 and sharing a bedroom with her 2 younger brothers, as well as my role as dad's fiancee. The child later told Mom that the above could have played a role.

    Now bio-mom is trying to bar me from taking her to appts EVER, citing HIPPA laws.

    On a side note..I will be volunteering a week in the role of Camp Nurse so she may attend..so I guess that would serve as exception..

    PLEASE ADVISE on the legality of all of this.
    Legally, Mom is correct. Although you do have the legal right to take child to appointments, with Dad's agreement, you do not have the legal right to have any input, or any knowledge of a step child's medical issues.

    Unfortunately, although it's understandable that you want to help. you did make a big mistake in participating in the apppintments. The best thing to do now will be for you and husband to talk and agree that from now on you will not be involved, except as a transporter, unless it is an emergency situation.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,481

    Default Re: Hippa.step-Mom/Bio Dad V. Bio Mom

    You should have NEVER sat in on that appointment... EVER.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,564

    Default Re: Hippa.step-Mom/Bio Dad V. Bio Mom

    I don't see how HIPAA would prevent the communication of information to the doctor; just it's receipt from the doctor. Also, a step-parent can't violate HIPAA - that Act restricts the conduct of the medical professional, not the recipient of the information.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,481

    Default Re: Hippa.step-Mom/Bio Dad V. Bio Mom

    Quote Quoting Mr. Knowitall
    View Post
    I don't see how HIPAA would prevent the communication of information to the doctor; just it's receipt from the doctor. Also, a step-parent can't violate HIPAA - that Act restricts the conduct of the medical professional, not the recipient of the information.
    Perhaps mom's concern is that the OP is in fact a medical professional, however, wasn't working in the scope of her employment (i'll assume).
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,059

    Default Re: HIPAA Laws and Step-Parents Taking Kids to Doctor

    Doesn't Dad's authorization give her some kind of standing to receive information? After all, Dad is a parent too, and not only knew she was taking child, but asked her to do so.

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