Medical Records

[Imom]

We sent a letter from here for medical records, they want the federal law thats states both parents have access.

[Kitty C.]

Check your state laws, as there should be somethingin there that says when parents have joint legal custody, that includes access to all medical data.  FERPA is a federal act regarding school info, but I don't think there's anything federal having to do with medical.

[NoNicky]

Most states have a statute that reads similar to what Ohio's does.  Ohio's basically states that "anyone, including medical professionals MUST give the NCP copies of any and all records the CP would be entitled to and failure to due so is contempt of court."

NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[Imom]

There are state laws I have copied them, hubby, cp lives in Indiana, mom ncp lives in Mississippi. We have been trying since ss came home from this past summer break in August to get his records from there. I copied the letter from this site and in it, it does say " I am exercising my rights under state and federal law to have full unhindered access to my son's/daughter's medical information." But they want the federal law that states hubby has access rights. I sent a copy of the co when I sent the first letter. Would this be covered under the hipaa, just started reading on that?

[Kitty C.]

That would be another place to look, but look VERY carefully, as it is quite extensive and very detailed.

[Imom]

   
   Answer ID  
227
 
  Category  
Privacy of Health Information/HIPAA
  Personal Reps/Parents and Minors
  Right to Access Medical Records
  Smaller Providers/Small Businesses
 
 
  Date Updated  
07/18/2003 11:07 AM
 

   Print Answer

   E-mail Answer       Does the HIPAA Privacy Rule allow parents the right to see their children's medical records?
 
  Question
  Does the HIPAA Privacy Rule allow parents the right to see their children's medical records?
 
  Answer
  Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child's personal representative when such access is not inconsistent with State or other law.

There are three situations when the parent would not be the minor's personal representative under the Privacy Rule. These exceptions are: (1) when the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law; (2) when the minor obtains care at the direction of a court or a person appointed by the court; and (3) when, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship. However, even in these exceptional situations, the parent may have access to the medical records of the minor related to this treatment when State or other applicable law requires or permits such parental access. Parental access would be denied when State or other law prohibits such access. If State or other applicable law is silent on a parent's right of access in these cases, the licensed health care provider may exercise his or her professional judgment to the extent allowed by law to grant or deny parental access to the minor's medical information.

Finally, as is the case with respect to all personal representatives under the Privacy Rule, a provider may choose not to treat a parent as a personal representative when the provider reasonably believes, in his or her professional judgment, that the child has been or may be subjected to domestic violence, abuse or neglect, or that treating the parent as the child's personal representative could endanger the child.
 
Would this help us?