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  1. #1
    Join Date
    Feb 2005

    Default Access to Medical Records and HIPAA

    Just today I had a run in with my ex husband's new wife over the medical records of one of my daughters. She states that even though I have 50% say in their medical care and I do have full access to their medical records, they still have to provide a signed release to any medical provider AND they have the right to be informed of any time that I request medical records. She also called a medical provider and threw the HIPAA law at them, stating that they violated that law by giving me the information without their approval and notification. Is this accurate information?

  2. #2
    Join Date
    Jul 2005
    in the south

    Default excess to medical records

    Hi! Who has custody ? Do you have joint ?
    The stepmom has NO RIGHTS to your daughters medical records.
    The medical provider by law, CAN NOT give her any copies of your daughters medical records nor can they discuss anything with her.
    She has no legal rights.
    You and your ex are the only ones that can sign a medical release form for your Daughter and get copies.
    I would call the DRS. office and complain and tell them to not give out anything regarding your daughter to any one but you and your ex.
    Unless it is in your CO, you do not have to have your ex's consent to get her medical records.
    The step mom is blowing smoke.
    so, sweetie don't worry about her and what she says.

  3. #3
    Join Date
    Feb 2005

    Default Medical records & HIPAA

    My husband has custody and I have regular visitation rights, 50% say in education, medical, military, religious, etc...What happened was, they took my daughter in to have her eyes checked and she requires glasses. They won't send glasses with her when she comes to visit, so I called the clinic to request the prescription so I could provide glasses while she's with me. The stepmother told me my daughter's eyes changed a little-her prescription doubled in a year. The stepmother also told me she didn't need to be wearing her glasses all of the time, that's not what the clinic told me. When I shared this information with my ex and the stepmom, she got upset, called the clinic and made it into a big mess. Threatened the clinic with a HIPAA complaint and told them that the next time I request any information from the clinic, they are to inform them immediately. She also told me that I am not allowed to have medical records without a signed release from my ex husband. (That's coming from the stepmother). Before I refuted any of her information, I thought I would put feelers out there to see if any of it was correct. My court paperwork does not state anything about signatures being required for me to obtain medical records or copies of prescriptions.

  4. #4
    Join Date
    Apr 2005
    South Carolina


    Am really sorry to hear this. I find it utterly disgusting that a responsible parent can be denied medical records of their children. Unfortunately they can, according to SC law anyway.

    In SC, the CP does not HAVE to provide a HIPPA release. However, if you & your ex are on amicable terms just ask him if he will sign this release, for the obvious & legitamate reasons.

    The step woman needs to butt out!

    Chin up!

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