need help with wording...

[nala_mia8]

I (NCP) live in TX. CP lives in OH. Joint legal, she has physical custody and I have the standard visitation for someone who lives 100+ miles away.

Back in Feb, I discovered that EX took our daughter to a child psychologist without telling me (the decree says she has to inform me, but not get my permission and vise versa). Just to make sure there wasn't anything strange going on (we were and still are in the middle of a court battle, first contempt charges against her, now support modification), I requested and received copies of our daughter's file from her school, her pediatrician, and her psychologist.

Her dentist is another matter. I have mailed two consent forms and called weekly for at least two months. They have told me twice the file is in the mail but of course it wasn't. My EX begged for me not to make a scene with the dentist, and I'm trying to remain civil. I even asked EX to call the dentist, which she says she did and said I should have no problem getting the file, but obviously I am.

I called today and didn't identify myself and asked if they have to abide by HIPPA. They said yes. HIPPA says a provider has 30 days to comply or they risk being reported. It's been almost 90 days.

The latest status is that they won't mail the records until I talk to the dentist, but of course, every time I call he's either not in or busy with a patient. Every time, they tell me he will call me back, but of course, he never has.

My lawyer is currently neck deep in preparing for mediation next Friday, so I was hoping you had a draft of a letter somewhere that I can send them (after mediation is over, don't need to rock the boat beforehand) that will strike the fear of God into them (or at least the fear of the LAW) so I can finally get my daughter's dental records.  

Thanks!

[socrateaser]

>My lawyer is currently neck deep in preparing for mediation
>next Friday, so I was hoping you had a draft of a letter
>somewhere that I can send them (after mediation is over, don't
>need to rock the boat beforehand) that will strike the fear of
>God into them (or at least the fear of the LAW) so I can
>finally get my daughter's dental records.  

You write it and post it here and I'll review it. Although, based on what you've posted, the dentist will not likely cooperate, no matter what you write, without legal action.

Your attorney can simply subpoena the records, or you can file a claim under HIPPA for whatever civil relief the act provides. I suggest you let your attorney write the letter. The only thing that frighten medical/dental professionals is lawyers and IRS auditors.

[nala_mia8]

Dear Dr Dentist,

As you know, I have been trying, very unsuccessfully, to obtain a copy of my daughter's dental records from you and your staff, and have been met with great resistance. While I understand that you maintain a positive doctor/patient relationship with BM and SD, that does not excuse the fact that you and your staff are breaking the law.

This letter constitutes my final attempt at resolving this matter peacefully. I have successfully obtained copies from SD's school, pediatrician and psychologist. All acted professionally and within the FERPA and HIPAA laws. You, however, have not.

I know that you are governed by HIPAA guidelines (I called your office and verified this with your staff), so I'm sure you are familiar with the guidelines. Let me re-state them and the consequences of not complying.

The HIPAA Privacy Rule allows parents the right to see their children's medical records. As you probably know, I share legal custody of SD with BM. I am not only backed by HIPAA in making this request, I am also backed by my divorce decree.

Your unwillingness to send me the records AND your staff's blatant lies to me (I've been told twice the file is 'in the mail') constitutes what HIPAA calls "willful or intentional". The fines for willful or intentional noncompliancecan result in fines of between $50,000 and $250,000, and 1-year to 10-year prison sentences. I'm sure you will agree that denying me access to my daughter's dental records is not worth that much.

Enclosed you will find phone records of all the times I talked to your staff. I've been told on many occasions that you are either with a patient or not in the office. I've also been told that you will call me back, which of course, you've never done.

This documentation, along with the dates and copies of the TWO consent forms I've already sent you will all be compiled into a package sent to HIPAA. According to HIPAA, you have 30 days to comply to a request such as this before being considered 'non-compliant'. Since it's been more like 90 days, I expect this willful noncompliance will be a no brainer.

Sincerely,

Dad

[socrateaser]

Pretend you were a dentist who makes a bunch of money and thinks of him/herself as superior to most other people. How would you react to this letter?

My point is that there is no reason to send a letter if it is intended to create an environment that will not accomplish your goal -- which is to get the records without a battle.

Your letter appears intended to say, "Give me what I want immediately or I'll sue your ass off!"

I can pretty much guarantee, that the dentist will choose door number 2.

I know this, because if you sent ME this letter, I would say, "OK, you want to go to court? Let's go!"

Now, pretend that you have never tried to get the records before and write another letter. Remember, the objective is to get the records without a battle.

[nala_mia8]

I don't mean this disrespectful AT ALL...

But, should I beg for the records? I've called once a week for the last 3 months and have made it a point of being polite and nice. All I get is the brush off and lied to. So what is the middle ground between what I HAVE been doing and the original letter I wrote? Granted, it's harsh, but I seriously don't know how to go about getting these records while still being nice.

OR is that the answer to my original question...

Is the only I'm going to get these records is through legal means (which I think is something you suggested originally anyway)?

Thanks.

[socrateaser]

Just subpoena the records. I don't know why the dentist is stonewalling, but if he/she is, then deal with it.

The letter you propose to send is way too inflamatory. There's no point in venting, because it will simply cause the dentist to find ways to thwart you. So, take out your annoyance on a punching bag and just use the legal process to get the records.

Repeat after me: "It's just business."