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Author Topic: Does NCP Have A Right to Medical Records in Arkansas  (Read 5280 times)

spitfire

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Does NCP Have A Right to Medical Records in Arkansas
« on: Oct 20, 2009, 01:21:21 PM »
Well, that is basically my whole question.  Mom took 15yo to therapist, but told them that she was custodian and that they were not to release any records to Dad.  She then sent the bill to Dad, who is not required by the CO to pay for medical expenses.  When Dad requested the records they refused to give them to him, as mom is the custodial parent.  Does he have a right to these records?  I read through pages and pages of Arkansas code, and I did find where NCPs have a right to school records, but I can't find anything on medical records
 
 


brwneyedmom

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #1 on: Oct 20, 2009, 04:12:01 PM »
If dad has joint legal custody, he certainly may have a legal right to the records.
If mom expects dad to pay for the visits, then morally, he may have a right to view the records.
What's mom's beef or concern that dad has no rights to see the records in any case?
In Oregon, a 15 year old can seek mental health counseling on his/her own and parents have no automatic right to the records. 
 
If I were dad, I'd refuse to pay.
 
JMHO

Davy

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #2 on: Oct 20, 2009, 05:54:43 PM »
Spitfire;
 
I tried to help with multiple advanced google searches including HIPPA to no avail.  You may phone Ark.  DHS to see if they have a clue.   I was wondering about y'all.   I assume 15 yo is still communicating with Dad.  Wish I could be some help !!!!   

MrCustodyCoach

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #3 on: Oct 20, 2009, 06:05:36 PM »
It may simply be that the 15YO is the client and neither parent is permitted to review the records.

And, if you have joint legal custody, physical custody has no bearing on what rights you have to medical records.  If you have joint legal custody - you're entitled to all appropriate records regardless of where the children reside most of the time.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

spitfire

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #4 on: Oct 21, 2009, 08:52:39 AM »
Dad is refusing to pay until either the records are released to him or he is court ordered. 
 
Mom had taken 15yo to therapist because she thinks that Dad has turned her a little one of him.  The therapist did tell 15yo that whatever she said would be confidential, but when Dad requested the records they sent him a copy of the CO that mom gave them which states she has temporary custody.  The temporary part is the problem.   The CO is very vague and doesn't specify legal or physical custody, it just says custody. 
 
As to why mom is refusing to let Dad see the records, who knows.   She has a wierd desire to "beat" Dad, so everything has to be a battle. 
 
 


MrCustodyCoach

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #5 on: Oct 21, 2009, 10:28:06 AM »
Remember - it may be that mom doesn't HAVE any records.  If D15 wants their sessions to remain confidential - they're confidential.  That would include mom.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

MixedBag

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #6 on: Oct 21, 2009, 12:15:36 PM »
this is therapy -- not medical stuff.....huge difference.
 
It may be covered under medical insurance, but counselling, therapy and stuff is handled differently.
 
Look at it this way too -- if Mom decides to call therapist as a witness or to submit anything from this therapist, Dad can easily get it "thrown out" because DAD wasn't included in anything.

gemini3

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #7 on: Oct 22, 2009, 12:41:52 PM »
The therapist isn't obligated to turn her notes over to dad.  No one needs to see therapy notes to pay a bill.  There can be no therapeutic relationship without some sort of confidentiality, so the therapist can't treat the 15yo if he/she knows that everything they say will be shown to parents.  It's highly unlikely that mom is seeing the notes either.

spitfire

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #8 on: Oct 22, 2009, 02:28:19 PM »
She isn't getting therapy, just just saw the person one time for an evaluation.
 
I understand that the therapist might have confidentiality issues, but that wasn't their argument for not turning over the records.  They said it was because mom said no, and she is the custodial parent.   

ocean

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #9 on: Oct 22, 2009, 02:48:54 PM »
This was for a one time thing? Request in writing, certified mail and see if the Dr changes his mind. You might have to wait to court when things get straightened out in writing. My DH "gave" BM sole custody BUT has written in his order ALL the "sole custody" items..lol. Like, he is to get all school, dental records. Allowed to be at hospital in they are confined, go to all activities in school and out. Around here you cant pick a school so that is not an issue. So maybe go that route. Our PB was all about "I want sole"..ok but this is what the rest says....and she signed...

spitfire

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #10 on: Oct 23, 2009, 07:30:16 AM »
I copied the "request for medial records" letter from the site and sent it to Dad.  He has filled it out and sent it to his lawyer for her approval before he sends it in.  We'll just have to wait and see what happens.
 
Thanks for all the advice.

MixedBag

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #11 on: Oct 23, 2009, 08:44:28 AM »
good luck!
 
Ocean -- love the experience you shared.
 
In mediation class -- we were taught or forwarned about similar stuff and ways to get around it to make both parents happy and AGREE to a settlement.
 
Like one parent wants to be the primary residential parent, and the other parent has 51% of the defined time.  Solution makes both parents happy.
 

Kitty C.

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Re: Does NCP Have A Right to Medical Records in Arkansas
« Reply #12 on: Oct 23, 2009, 09:30:42 AM »
Exactly, MB...........it's ALL in the wording.  If that's what makes a difficult parent happy, then so be it.  What IS important is the reality of the situation and if the child has as equal access as possible to both parents, it doesn't make any difference what the actual wording of the CO is.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

 

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