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Author Topic: FERPA Question  (Read 2204 times)

Kboeds

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FERPA Question
« on: Jun 04, 2005, 10:59:01 PM »
Hi All

I need information on FERPA laws in Michigan. I looked in the articles section and read what info was in the article. The article had links for Michigan and none of them work. I went looking myself and can't seem to find what I need.

Here is my situation.
DH has 3 minor children in Michigan. Last time we requested records from the childrens Dr's we sent a copy of the court order to show that DH has a right to the records. One of the providers wanted more info then that before they will release records.

Through this site I have found out that Medical providers are required by law to provide requested records to parents unless they have been provided with a court order stating that parent has no legal right to the records. I do not feel that my husband should contantly be spending the extra money to copy the court order for all the Dr's.

From what I have read the laws are different for each state. Can anyone direct as to where I can find information on Michigan laws pertaining to the release of medical records. Rather then sending a copy of the court order with our request I would rather reference the law in our letter.

Thank you in advance for any info you can provide.
KB


4honor

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RE: FERPA Question
« Reply #1 on: Jun 05, 2005, 08:27:10 AM »
Try this:

http://www.michigan.gov/documents/protecting_the_privacy_of_student_education_records_115303_7.pdf

"FERPA gives either a parent or legal guardian equal rights
to review an education record unless there is evidence of
a court order or law revoking these rights. A “parent”
refers to a natural or adoptive parent, including a noncustodial
or foster parent, a legal guardian, or an individual
acting in the parent’s absence. The law grants parental
rights to foster parents acting on behalf of the child.
Agencies or schools can require parents to verify their
relationship with a child before providing access to
records. Further specification of eligibility requirements is
not stipulated in the federal law, but can be detailed in
state laws or local policies."     - page 13
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

Kboeds

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RE: FERPA Question
« Reply #2 on: Jun 05, 2005, 08:46:22 AM »
Thank you 4honor for the information.

Am I asking for the wrong information? FERPA is for the release of school records? What about medical records? would they both fall under the same law or is there something different for medical?

Thank you again
KB

wendl

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RE: FERPA Question
« Reply #3 on: Jun 05, 2005, 10:41:00 AM »
It should state in your court order that your DH has equal access to medical records (many times the Dr's will charge you a clerical fee for copies of the medical record) Write them a letter (certified return receipt) attach a copy of the court order and request they respond within 20 days, if they fail, inform them in writing that failure to comply will result in a complaint with the medical board.

Good luck.

**These are my opinions, they are not legal advice**

Kboeds

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RE: FERPA Question
« Reply #4 on: Jun 05, 2005, 04:12:55 PM »
I'm trying to avoid having to make all those copies again wendl.

It is my understanding that the law states, unless they have an order on file saying DH can't have the rocords they have to release them.

I just want to verify that before I waste certified postage sending out my letters.

Thanks for the imput, I really appreciate the feedback.

KB


ocean

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RE: FERPA Question
« Reply #5 on: Jun 05, 2005, 04:15:42 PM »
Yes, you are right if it is a Public school....private schools are a different ball game :)  I would call the district office of the school and tell them that you are having difficulty getting access to your child's records.  This usually gets the principal moving really fast :)

wendl

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RE: FERPA Question
« Reply #6 on: Jun 05, 2005, 07:02:42 PM »
it is a pain to make all the copies however, the medical field and schools need to cover their ass.

**These are my opinions, they are not legal advice**

4honor

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RE: Medical Question
« Reply #7 on: Jun 06, 2005, 07:40:56 AM »
Try this:

http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-Act-47-of-2004

MEDICAL RECORDS ACCESS ACT

Act 47 of 2004


Section 333.26263       Definitions.
Section 333.26265       Request by authorized individual to examine
                                 or obtain medical record;
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

 

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