NCP & HIPPA can anyone help?

[ArkStepMom]

Although sympathetic, dental office is unable/refusing to release records since CP signed HIPPA form omitting NCP"s name.  CO reads all access to records.

Can anyone point me to the actual code referencing this? Or discrediting dental office's refusal to release?
Thanx R

[joni]

Your court order for access will override HIPAA, in fact, you can sign your own HIPAA form since you have access to the records.  

HIPAA is very confusing and most medical offices are having problems implementing it.  Plus, your EX probably really intimidated the staff and put some information in your child's record to try to sabotage you from seeing the records.

Bring in your court order.  Have them show you in the HIPAA regulations where it says, as a parent of a minor, you can't have access to these records.  Type up this letter and bring it with you, along with your court order http://www.deltabravo.net/custody/medrecords.htm.  Question - are you carrying the health insurance on your child too?  That's a strong indication of access to medical records.  Does the medical office bill you?  That's a HIPAA issue, in order to bill you, you have to access to these records to discuss the bill but not the medical record?  They're idiots.

Remind your Ex that she is not in compliance with your current court order and you will bring her back to court.  Have you attorney write a letter to the dental office.  

Here's the HIPAA text

http://www.cms.hhs.gov/hipaa/

[Dr.Stepmom]

Well, it is the 1 year anniversary of HIPAA going into effect and it looks to be creating havoc for a lot of people on this page.

I had the opposite problem.  I insure my stepson.  We are NCPs.  BM accused me of excluding her from his records.  All it took was a fax from my side telling them she could have access and sending our court order and birth certificate.

Here is a pretty good (but detailed and confusing) site about HIPAA: http://www.hhs.gov/ocr/hipaa/

Call the office and ask what they need to release the info...best of luck.