Access to Medical Records

[BecDaddie]

I live in the State of Illinois and I am having problems with obtaining my child's medical records. I used the Sample Letter from this website and the Medical Facility is still not releasing the information.  First the medical facility wanted a copy of my divorce papers showing that I have custody and then I sent them a copy of the State Law and another copy of the letter and they responsed with a response from my ex.  They contacted my ex and she sent them a letter saying she does not authorize for the medical information to be be released and she talked with the office as well as her attorney about it and she states that per the HIPAA Law I do not have any legal rights although State Law states different

(750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
    Sec. 602.1. (a) The dissolution of marriage, the declaration of invalidity of marriage, the legal separation of the parents, or the parents living separate and apart shall not diminish parental powers, rights, and responsibilities except as the court for good reason may determine under the standards of Section 602.
(e) Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 88?409.)

Has anyone else had this problem and if so what advise do you have to give.

[mjhdad]

Hey there,

For a quicker response, i suggest coming in to chat, there are several regulars that are well versed in HIPAA, I am not.

HIPAA would be the other provision of law mentioned in the statute. I'm not sure which would override. If you can't catch anyone in chat, try posting on father's issues, if you haven't already.

No reason to wait for an IL specific answer, HIPAA is the real question.

[mjhdad]

Hey there,

For a quicker response, i suggest coming in to chat, there are several regulars that are well versed in HIPAA, I am not.

HIPAA would be the other provision of law mentioned in the statute. I'm not sure which would override. If you can't catch anyone in chat, try posting on father's issues, if you haven't already.

No reason to wait for an IL specific answer, HIPAA is the real question.

[MYSONSDAD]

I have the same situation. Can not beleive a doctor would take the word of a liar. Sent the same letter, got the same response. It is now in the hands of my attorney.

I have had others read that statute and they read it the same way I do.

Sent the law with the letter. They just totally ignore it.

As soon as I find out what steps my attorney takes, I will post it.