Medical Records

[TJRodolph]

Hello again Soc,

Child lives in OH with his custodial mother. I am NCP dad in MN. Court order is MN. I found out my son's medical clinic (thru the Interrogatory process) and sent them a records request letter, certified return receipt (from this website). It's been a month.

I just called the clinic, asking the status of my request for records, and the woman pulled the chart and says there is a balance due on the account. So I asked if that was for copies, and she said no, it was a balance due for services.

I then stated that I was the father who lived out of state and was trying to get copies of my son's records and had sent them a letter requesting that info a month ago.

The woman then copped an attitude with me and says "Oh, I remember this case now, the mother has primary custody, she brought in a court order that says so and it is right here in the file. We do not release records to a NCP. I told her that I have right to his records, and she said "no, OH state law says you don't and the child lives in OH."

I then told her that it was a MN court order and that the appendix (that the mother probably did not include with the copy) states that both parents are entitled to medical records. She then told me "well then you will have to send whatever court order says that or call an attorney."

It is evident that mom has alienated the medical staff against me so they don't want to cooperate.

Question.....

1. What kind of letter and copies of documentation do I send the medical clinic now?

2. Can I just fax them a copy of the court order ALONG with that appendix stating the MN statute that applies?

[socrateaser]

>It is evident that mom has alienated the medical staff against
>me so they don't want to cooperate.

It's not evident AT ALL that this occured. What is evident is that you are being parenoid and hostile, and THAT is unproductive.

>
>Question.....
>
>1. What kind of letter and copies of documentation do I send
>the medical clinic now?

Send them what they requested: "Per our phone converseation of 06/08/06, please find enclosed a court order which provides for access by me to my minor child's medical records (page X, line Y).

I would appreciate it if you would contact me on receipt of my letter and confirm whether the enclosed order is sufficient to permit you to release the healthcare records to me."

That's it, basically. Don't get your nuts in a knot. Recognize that you're dealing with a person who is just doing their job and doesn't want to lose it. Give them what they want and they will give you the records. Nothing sinister about that at all.

>
>2. Can I just fax them a copy of the court order ALONG with
>that appendix stating the MN statute that applies?

Your rights are protected by federal law HIIPA, but the records custodian doesn't know about anything other than what her manager tells her to do. So, find out what she wants exactly and give it to her exactly how she wants it. Don't start a fight about how you're gonna give it to her, because that will just make her your enemy.

[TJRodolph]

I just called the clinic back, because I forgot to write the receptionist's name down. I talked with her a bit more, and she first tried to tell me that "I have an OHIO court order in front of me, and we can't just release records because something isn't right, there could be kidnapping going on etc, and this sounds like a big legal mess."

Upon further questioning, she did admit that she was wrong, that it was in fact a MN order, and she did find the appendix at the back where is states both parties are entitled to medical records access.

I then explained that she was right that something was going on, that it seems everytime I try to be involved in my child's life, that my attempts are frustrated. She then told me to fax over my letter from last month as she believes the doctor tossed it. She then will have the doctor contact me about it.

She did comment several times though, that the child lives in OH, and its OH law that states only the custodial parent has those rights. I kept telling her that MN has jurisdiction since it is a MN order, even if the kid lives in OH. She obviously didn't want to accept that.

I believe the mother has been trying to alienate me against the medical staff too now (she already has to the school staff)...telling them that I might try to kidnap, get custody and make false abuse accusations about her. I have only given the court facts, and SHE is the one who concludes that I am insinuating that she is unstable, unfit, and abusive mother. Gee, you'd think if even SHE concludes that with all the facts I provided, maybe its true!  

Question:

1. Since the OH clinic has a MN order that gives me legal access to my son's medical records....does the OH clinic have to abide by it?

[socrateaser]

>I just called the clinic back, because I forgot to write the
>receptionist's name down. I talked with her a bit more, and
>she first tried to tell me that "I have an OHIO court order in
>front of me, and we can't just release records because
>something isn't right, there could be kidnapping going on etc,
>and this sounds like a big legal mess."
>
>Upon further questioning, she did admit that she was wrong,
>that it was in fact a MN order, and she did find the appendix
>at the back where is states both parties are entitled to
>medical records access.
>
>I then explained that she was right that something was going
>on, that it seems everytime I try to be involved in my child's
>life, that my attempts are frustrated. She then told me to fax
>over my letter from last month as she believes the doctor
>tossed it. She then will have the doctor contact me about it.
>
>
>She did comment several times though, that the child lives in
>OH, and its OH law that states only the custodial parent has
>those rights. I kept telling her that MN has jurisdiction
>since it is a MN order, even if the kid lives in OH. She
>obviously didn't want to accept that.
>
>I believe the mother has been trying to alienate me against
>the medical staff too now (she already has to the school
>staff)...telling them that I might try to kidnap, get custody
>and make false abuse accusations about her. I have only given
>the court facts, and SHE is the one who concludes that I am
>insinuating that she is unstable, unfit, and abusive mother.
>Gee, you'd think if even SHE concludes that with all the facts
>I provided, maybe its true!  
>
>Question:
>
>1. Since the OH clinic has a MN order that gives me legal
>access to my son's medical records....does the OH clinic have
>to abide by it?

Yes, there's this thing called the "full faith and credit" clause of the U.S. Constitution, which requires every state to honor the final judgment of a court of every other state.

There are a few exceptions to this, the most frequent being that a state does not need to recognize a court order from another state that attempts to affect title to real property located in a state other than the state where the order was issued. Also, a state does not have to recognize an order from another state that violates an important public policy (like voting rights, etc.). But, as I said eariler, every state is required under federal law (HIIPA) to honor judgments re medical records, so even if an Ohio court were to find that this is an important public policy, the U.S. Supreme Court would likely overturn the ruling.

In any case, you don't want to have to sue to have your rights enforced -- so you need to make nice and try to give the doctor what he/she needs to feel comfortable giving you the records.