Medical records access,,,

[Cookiemomma4]

First let me say hi there...and thanks for being here for us...
We live in PA, we do not have a written order as of yet (court on the 7th of April) that defines who has legal or physical custody.  We are trying mother and father are still married and as they where at the time of the child's birth.  There is nothing barring access to records of anykind although their was a temp PFA which was dismissed at the time of the hearing for it.
1) We know that the father SHOULD be able to access medical records for the child under state and federal law...but what laws would govern this?

2) We know that a school has 45 days to comply with a request for records under FERPA, would it be the same for a medical provider?  I only ask this because FERPA is often mentioned when this subject comes up...but FERPA is for educational not medical purposes so this confuses us)

3)  Would a medical provider have the right to refuse to provide a part of the record that they "understood" we were provided by the other parent?

Thank you for your time in this matter...

[socrateaser]

>First let me say hi there...and thanks for being here for
>us...
>We live in PA, we do not have a written order as of yet (court
>on the 7th of April) that defines who has legal or physical
>custody.  We are trying mother and father are still married
>and as they where at the time of the child's birth.  There is
>nothing barring access to records of anykind although their
>was a temp PFA which was dismissed at the time of the hearing
>for it.
>1) We know that the father SHOULD be able to access medical
>records for the child under state and federal law...but what
>laws would govern this?

HIIPA, under federal law, and I don't know under State law, but as long as you are still married, and no court orders are in place, you still have joint custody of the child(ren), and you have full authority to act in the child's interests and to obtain information from any source, provided the child's privacy rights are subordinate to your custody rights.

>2) We know that a school has 45 days to comply with a request
>for records under FERPA, would it be the same for a medical
>provider?  I only ask this because FERPA is often mentioned
>when this subject comes up...but FERPA is for educational not
>medical purposes so this confuses us)

As I said, it's irrelevant. A physician can refuse to provide records if he/she believes that there is a physician-patient privilege held directly by the patient/child, and that disclosing the info would violate the physician's duty of maintaining confidentiality. Generally, however, a parent's right as custodian is superior to the child's privacy rights, however, not, for example, in cases where the child is attempting to terminate a pregnancy, or where the physician observes symptoms of physical/emotional abuse with the child.

There's a lot of gray area here.

>3)  Would a medical provider have the right to refuse to
>provide a part of the record that they "understood" we were
>provided by the other parent?

Not the right, but the duty under the professional rules of conduct. The physician is apparently aware that there is an ongoing marital dissolution, and so he/she is erring on the side of caution by not revealing the child's records. You may have a right to the records, but if the physician refuses to disclose, then your only recourse is to: (1) bring the child back with you to the physician and describe the same symptoms as the child was previously exhibiting, and the physician will have to rediagnose. If the symptoms remain, then you will know what's up.

Otherwise, you'll have to get a court order expressly describing your rights with regard to medical records, so that the physician will be relieved of the professional duty to keep the records confidential.

[Cookiemomma4]

I thank you for your prompt response...the physician is refusing to provide a copy of physical assessments done by his office.  We were provided a copy by the other parent, but feel that there is a chance that they may have been altered.  We feel this because it doesn't list the medication that was perscribed that day or any of the ongoing medical issues that we have had documented by numerous docters and dentists over the past year as being persistant and continuous.  As a matter of fact, physical was done of Fri and supposidly everything was normal including mouth, ear, nose, and throat...allergy medication was perscribed for nose and throat...and then same parent took her to the dentist on Monday to have a tooth pulled at the root due to decay and 2 others filled (as situation that we have documented by an ear, nose, and throat as primary to the persistant tonsil and sinus/nasel issues).
1) Sorry this is lengthy, but my next question would be, if that is what the doc wrote, would we have any recourse against the doc since I would think it would be malpractice... or the other parent for not persuing her childs best interests as she obviously allowed and sactioned (as the co-pay was made at the time of the visit and provided the information to us and the school/daycare) false legal document?
I hope that is a clear question...I was trying to be as concise as possible for you...
We really do appreciate your imput here...

[socrateaser]

Please review the mandatory posting guidelines. If you continue to violate them, I will not respond.

>1) Sorry this is lengthy, but my next question would be, if
>that is what the doc wrote, would we have any recourse against
>the doc since I would think it would be malpractice... or the
>other parent for not persuing her childs best interests as she
>obviously allowed and sactioned (as the co-pay was made at the
>time of the visit and provided the information to us and the
>school/daycare) false legal document?

If the physician intentionally misrepresented the diagnosis in writing, it would be grounds for termination of his/her license to practice medicine. I find this possibility difficult to believe, unless the doctor has some undisclosed "intimate personal relationship" with the other parent.

More likely, the other parent has made the misrepresentations. If you believe this to be the case, then you can subpoena the physician's records and simultaneously ask the other parent by request for production of documents to formally produce a copy of the same records (without, of course, telling either why you're doing it).

And, if there's a substantial discrepancy, then you will have a smoking gun and good grounds for being granted primary custody.

[janM]

This post is over 2 years old....and Soc is no longer here.