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  1. #1
    Join Date
    Apr 2009
    Location
    Illinois
    Posts
    14

    Default HIPAA Protections Against Medical Records Subpoenas

    My ex is requesting ALL my medical records be subpoenaed to be used in our visitation/custody proceedings, but most of them involve his physical/emotional abuse of me.

    I am Pro Se, he is wealthy and has a firm behind him. Is there a way for me to prevent this? The worst thing in the world would be for him to be able to see my records, he'll kill me when he finds out I told anyone. BUT....I'm fighting for my daughters here... Are there any legal ways to stop this? I live in Illinois, and have filed a response in objection to their request. Based on prior happenings in the court syatem, I"m terrified, as all their motions have been approved without ONCE allowing me to speak. Not only that he would be able to view my records, but that they will be able to say my ptsd is an excuse to not see my girls. They currently live with him, after I failed to file a proper response to a "request to admit facts", which gave him custody via a summary judgement.

    So...anyone know about hipaa? Can I be forced to turn over my records to the abuser?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,633

    Default Re: HIPAA Protections Against Medical Records Subpoenas

    If you and your lawyer do not believe the subpoena is appropriate, you and your lawyer can bring a motion to quash the subpoena or to limit its scope. If you fail to take proper, timely steps, you can expect that your records will be turned over in accord with the subpoena.

  3. #3
    Join Date
    Jan 2006
    Posts
    27,065

    Default Re: HIPAA Protections Against Medical Records Subpoenas

    Quote Quoting michelle29
    View Post

    So...anyone know about hipaa? Can I be forced to turn over my records to the abuser?
    hipaa doesn't trump a proper subpoena.

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