Help for NCP, 19 yr old dad

[smtotwo]

Dad is filing for full custody, partially based on neglect, at 6 months old child has had several visits to hospital ER and been admitted over night at least once, that he knows of.

Dad went to hospital today and they refused to give him any medical information on the child. They stated they couldn't release info to NCP.
He HAD to have Moms signature to get any info.

We are in Wisconsin.

WI Statute 767.24 (7)   access to records.  (a) Except under par. (b) or unless ordered by the court, access to a childs, medical, dental and school records is available to a parent regardless of whether that parent has legal custody of the child.

Paragraph (b) is domestic violence.

We are drafting a letter to the hospital tonite. But before he sends it we need to know

             1) Can they deny him the records based on the new federal privacy laws? Or should we base letter on WI statute?

             2)  Should he name the person in records who denied him the information?   He did take down her name.

Thanks Soc.  He just doesn't know where to turn.

[socrateaser]

>             1) Can they deny him the records based on the new
>federal privacy laws? Or should we base letter on WI statute?

Well, I would need to read HIPAA (again). I know that the federal law allows for valid state court orders, but I am also fairly certain that it overrules existing state statutes. So, if your court order doesn't expressly give you access to the child's records, then you may be SOL.

I don't really have time to read through the law at the moment. If you can find something and you post it, I will try to interpret.

>             2)  Should he name the person in records who
>denied him the information?  

Irrelevant. If you are in the midst of a pending action, you would do better to simply to subpoena the records.

[rainbow1]

I'm also in Wi. If she has sole custody, you'll have to get a court order or get Child Protective Services involved. If you have joint custody, physical, legal, or both, take a copy of the court order to the hospital or doctor and show them. They are then required to give you copies of all medical records.