S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: FERPA  (Read 10457 times)

gemini3

  • Hero Member
  • *****
  • Posts: 873
  • Karma: 1004
    • View Profile
Re: FERPA
« Reply #20 on: Oct 02, 2009, 03:53:12 PM »
Are you providing the child's insurance?  In my state all NCP's are required to carry health insurance for the kids.  If you do, the you could ask the insurance company to send all EOB's to your house.  This will give you all of the doctors information.


MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3048
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: FERPA
« Reply #21 on: Oct 03, 2009, 06:47:11 AM »
HIPPA is federal, family court is state.....HIPPA wins.  Believe me, I just went through this crapola on Thursday last week (AGAIN!)
 
Insurance suggestion -- see, my insurance company (Tri-Care) sends EOBs to the custodial parent (EX).  His insurance company also sent them to me when I was custodial.
 
What I have done -- and so far its always been available with all the insurance companies I've dealt with -- is set up an on-line account with them and I get notified via e-mail whenever a claim is processed.  See THAT access isn't granted to the NON-insurance policy holder.  (Even though Tri-Care sends HIM the EOB, I'd get the e-mail saying that a claim was processed.)
 
And then since Tri-Care is the secondary insurance (no matter what by federal law), I can reverse search the information I need from there.

pcdad

  • New Arrival
  • *
  • Posts: 10
  • Karma: 0
    • View Profile
Re: FERPA
« Reply #22 on: Oct 05, 2009, 07:44:57 AM »
Thanks for all the info. I will start checking this out.  As for insurance up until now my husband did not have insurance through his employer and now that it is offered we are not sure if we can afford it.  That is another question - the CO states that either parent that is able to get insurance "at a reasonable cost" should provide it with the other party paying 1/2 the cost of the difference between single coverage and family coverage.  My husband's ex has coverage through the state plan - Badger Care (Wisconsin) because she does not work - she quit to go back to school.  The additional cost would be over $200 a month  - meaning she would have to pay us $108.98 a month for her share - PLUS half the deductible & co-pay for the 2 kids (1 his daughter with her and 1 hers from a previous marriage that he adopted 9 months before she filed for divorce).  Even tho the papers say she must pay 1/2 I have seen that county in WI go against the papers - I know that we will be stuck with the entire expense (ins. premium, deductible & co-pay) and this expense is absolutley NOT reasonable for us.  Like I said, she does NOT work, her only income supposedly is CS ($550/mo) - tell me how she makes her trailer payment, lot rent, utilities, cell phone, land line, cable, internet, car insurance, food and shops all the time.   Does anyone know if he must present this proposal to her or he can just say that the cost is not reasonable.  There is nothing in the papers and we refuse to shell out anymore money on attorneys to lose again in this court system.  We figure the cost wouldn't bother her becuase she would just get Badger Care to pick up her portion of the costs knowing that it would put us deeper in the poor house.   I tell you this woman is pure evil.  We spoke to his daughter last night and the ex stands over her shoulder the entire time listening to our conversation, when his daughter asked her mother if my son (her step brother) could call her or she could call him she flat out refused.  She refuses to allow her to come down at Xmas to visit (we are in FL now) and his daughter was bawling - the ex snatched the phone away started yelling that HE got her upset and hung up.  This woman will not let any of my husband's family keep in contact with his daughter.  And everyone knows what the county courts system allows her to do that noone is willing to spend anymore money fighting it.  A non working mom taking in $550 a month as her "only" source of income can afford all of the above AND afford to run to her attorney for every hang nail and no matter who we hire she ALWAYS wins. 

chickenbubbasmom

  • Jr. Member
  • **
  • Posts: 53
  • Karma: -2
    • View Profile
Re: FERPA
« Reply #23 on: Oct 21, 2009, 09:53:00 AM »
MixedBag-   You mentioned that you have experience dealing with HIPAA law; I'm not exactly clear on it just that it has to do with persons medical information and confidentiality. Maybe you know the answer to this, as silly as it sounds. BM is siting HIPAA law as a reason for not giving dad  a copy of her work schedule as ordered. What could one possibly have to do with the other??

CuriousMom

  • Jr. Member
  • **
  • Posts: 116
  • Karma: 5
    • View Profile
Re: FERPA
« Reply #24 on: Oct 21, 2009, 11:42:22 AM »
HIPAA is related to health information privacy not employment (that I'm aware of), http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html


chickenbubbasmom

  • Jr. Member
  • **
  • Posts: 53
  • Karma: -2
    • View Profile
Re: FERPA
« Reply #25 on: Oct 21, 2009, 11:55:23 AM »
CuriousMom- I was under the same impression.. but BM states that after discussing it with her boss that the Commissioner is not allowed to order her to give copies of her work schedule to DH because the schedule contains other parties' information (i'm assuming their work schedules as well) and it would be a violation of the HIPAA law. Maybe she is confused on this because of the fact that she works in a healthcare facility?

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3048
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: FERPA
« Reply #26 on: Oct 21, 2009, 12:11:41 PM »
Sorry, I missed this from a while back ...
 
Here's the problem Chicken....as I see it.
 
See HIPPA is regards to PRIVACY matters. 
 
Mom (in your case) works in a health care facility -- where they are ubervigilant regarding privacy.
 
My experience or rather recent run in with HIPPA was concerning getting information regarding my son's health situation -- emergency room visit, followed by surgery the next day.....Nurse said "HIPPA says no, unless Dad lists you."  WV Code says I have the right to the information.  HIPPA is federal, so it trumps WV Code -- and well, the rest of how my situation went is not relevant to this thread.  And no, dad did not list me on the HIPPA form.
 
Suggested Solution:  Mom can still provide you with a schedule.  There are many different "ways" to provide that schedule.  In Mom's eyes, she probably gets the schedule along with everyone else's schedule which nope, dad has no need to know nor should be privy to know.
 
HOWEVER, there are solutions:
 
1.  Mom can black out all non-privacy information except HERS.
 
2.  Mom can translate her schedule on to another piece of paper and give it to dad.
 
When there's  a will (in this case), there's a way......Sounds to me like your Mom doesn't have the will to make it happen one way or another.
 
So -- maybe if dad sends a letter stating that he understands the "need for privacy" -- Mom better find another solution and suggest a few.  Maybe, just maybe, that light bulb hasn't come on yet.
 
 

CuriousMom

  • Jr. Member
  • **
  • Posts: 116
  • Karma: 5
    • View Profile
Re: FERPA
« Reply #27 on: Oct 21, 2009, 12:13:37 PM »
That reason is actually possible (I'm in IT and we had to change HR software to comply with HIPAA regs so that's why that may be a true statement - it's been years and I can't remember all the requirements), however, BM's boss can also take a black Sharpie and cross out what isn't needed, photo copy it and give it to you.  Or something of that nature, doesn't have to be pretty - just factual.   

CuriousMom

  • Jr. Member
  • **
  • Posts: 116
  • Karma: 5
    • View Profile
Re: FERPA
« Reply #28 on: Oct 21, 2009, 12:15:40 PM »
Sorry MB - didn't see your post of the same thing, must have just slid in right behind you

chickenbubbasmom

  • Jr. Member
  • **
  • Posts: 53
  • Karma: -2
    • View Profile
Re: FERPA
« Reply #29 on: Oct 21, 2009, 12:59:18 PM »
Much thanks to you both..I'm sure BM is simply looking for a reason NOT to give DH the information, and her boss apparently  provided her with one. DH did make the suggestion  that she could blacken out other parties' information, but she still refused. So.. we are returning to court on 11/12, for a contempt hearing on this and other issues.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.