Medical Records

[rainbow1]

All parties in Wisconsin. Submitted request to medical group for copies of my daughter's medical records and billing records. Told because she is almost 18 years old I must get a RELEASE FOR PERSON ALMOST 18 signed by daughter. I have joint legal and physical custody with shared placement. Mother has refused to share any medical information of any kind with me. All I ever see is the statements from the health insurance I carry on her. No info there except how much they paid and how much is owed. Mother has refused me all placement time since 11/98. I have had two contacts with child in all these years. One e-mail last Dec. 22nd, calling me an a**hole and telling me that I was not to send her anymore gifts or presents, as they would be refused. One message through my younger daughter, who is here daily, that she would let me buy her a flat screen lap-top computer for her graduation, and SEND it to her. We live exactly 2 miles away from each other. Despite many mediation attempts(5 a year,each year), the courts here have refused to enforce their own court order or sanction the Mother.                                                                                           1. Have you ever heard of a special release form for someone almost 18 yrs. old?           2.  Can they refuse to give me copies of her records if they receive a legal request with a copy of the court order showing joint legal and physical custody?                                                                          

[KAT]

Never heard of anything titled *almost 18* maybe I'm almost the Queen of England. I think that they are full of it. This is what SPARC has listed for Wisconsin:
Wisconsin Statutes:
767.24(2)(c)
(c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.

(The above does not really go with the topic of this paper, but we had to include it. We want everyone to know about this!)

767.24(7)
(7) Access to records.
767.24(7)(a)
(a) Except under par. (b) or unless otherwise ordered by the court, access to a child's medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.
767.24(7)(b)
(b) A parent who has been denied periods of physical placement with a child under this section is subject to s. 118.125 (2) (m) with respect to that child's school records, s. 51.30 (5) (bm) with respect to the child's court or treatment records, s. 55.07 with respect to the child's records relating to protective services and s. 146.835 with respect to the child's patient health care records.

118.125(2)(m)
(m) A parent who has been denied periods of physical placement with a child under s. 767.24 (4) does not have the rights of a parent or guardian under pars. (a) to (j) with respect to that child's pupil records.

51.30(5)(bm)
(bm) Parents denied physical placement. A parent who has been denied periods of physical placement with a child under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian under pars. (a) and (b) with respect to access to that child's court or treatment records.

55.07(2)
(2) A parent who has been denied periods of physical placement under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian with respect to access to a child's records under this chapter.

146.835 146.835 Parents denied physical placement rights. A parent who has been denied periods of physical placement under s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian under this chapter with respect to access to that child's patient health care records under s. 146.82 or 146.83.

Send them a certified letter (w/return reciept!!) and also quote to them state law. We've had to do that a few times. Here is an example:
 http://www.deltabravo.net/custody/medrecords.htm
If they refuse to cooperate, I'm guessing that you send a complaint to the state medical board.

I hear ya' on the alienated kids. Mr. KAT sent his son some gifts, bio called & said that SS didn't want any stupid gifts, that if he wanted to send something then make it only cash or check. Never heard from SS again, it will be 2.5 years. He's 17, old enough to make his own decisions...short stay in jail recently being one of them sadly enough.

Good Luck!

KAT

[socrateaser]

1. Never heard of such a release.

2. They can do whatever they want to do, and then you'll have to ask the court to order the mother to sign a release as necessary to get you the records, assuming that she will not accomodate your request without court intervention.