HIPPO and insurance records...

[too_short]

Hi all,

My son is covered under his mother's policy.  I of course pay my percentage (over half) of the coverage.  I have joint legal.  I've sent the provider twice a copy of the court records which state I have joint legal -- the last time via certified mail.  When I called, the person I spoke to on the phone was pretty adamant that I was not entitled to their records concerning my son.   She explicitly mentioned HIPPO.

Is she correct?  If not, I'm going to push through this and get those records.

Thanks!

[wendl]

Go and read the following:

//www.deltabravo.net/custody/access.htm

//www.deltabravo.net/custody/access1.htm


**These are my opinions, they are not legal advice**

[aussierules]

I had a similar situation with my child's records. The way the federal policies are applied in this state (AZ) is as follows.

The holder of the insurance policy (sounds like your wife in your case) can prevent you from accessing any of the health insurance information like claims made, claims paid etc.

Depending on the age of your son - if he is less than 16 they must allow you to access his records. I have done some work with my FTC on this as my child's mother was trying to hide trips to the doctor where she made allegations of child abuse. They will make you sign something but ultimately if you are a custodial parent they have no choice but to allow you access to the information provided the age limit has not been breached. There are a couple of areas that are foggy like mental health counseling records where there is another privilege in play but you can get them.

Next best choice is to have your attorney or yourself (not hard to do in this state anyway) issue a subpoena for them to produce the records. It will work and you will get their attention. Once you get them once you can guarantee that next time around you will not have that degree of problem. PM me if you want the stuff I have particularly the American Academy of Pediatrics material which is VERY useful.

[Kitty C.]

Are you talking about the doctor's office or the ins. company?  I can see why the ins. co. would refuse you, but the doctor's office canNOT.

If it's the doctor, you need to keep trying. You said you mailed them....is it possible for you to go in physically and speak to the office manager?  HIPAA was designed to hold healthcare providers more accountable for confidentiality, hence their reluctance to give out information.

If you do go in and and they still refuse you, tell them your atty. will be in touch.  Doctors HATE lawsuits, with a passion.  As long as you know you're in the right, do NOT back down.  Make THEM prove to you how they figure you are not entitled to the records.  Betcha dollars to donuts they can't, and even if they say they can, they'll be quoting from the wrong part of the Act.  HIPAA may be long, detailed, and tedious, but one thing I know for a fact it did NOT do is disallow NCP's access to their children's records, unless that NCP doesn't have parental rights or legal custody.

[Sherry1]

do not have to release any information without policy holder's permission.  Doctor's offices have to release information to joint custody holders.

[joni]

for a doctor's office to implement.  Most don't understand the legal terms and never will.  Thank you Senator Clinton.

Anyway, HIPAA's main purpose is to avoid a doctor's office inadvertantly releasing information to people who don't have your permission to have it, like your employer.  For example, say you're on disability from work and need a form filled out for your employer for you to stay on disability.  The doctor's office cannot speak or release directly to the employer unless they have your written permission and the scope of the information that they can release.  Limiting the scope would mean that the doctor only release information relative to the condition affecting your work....not other medical info the employer doesn't need to know like if you have an STD or had a vasectomy.

Doctors and labs also cannot sent you certain correspondance via mail or leave extended messages on your answering machine.  Notice how you no longer receive postcards from your doc or dentist with appointment reminders?  God forbig that the postman might know you go to the dentist!  This is a biggie with labs, they can't put their names on envelopes.  Imagine an HIV lab sending you a letter to your apartment building.  Everyone would know you had HIV who saw the envelope.

Anyway, HIPAA was not meant as a tool to keep a parent from learning about their child.  My guess is that your Ex is interferring.  Go to the doctor's office with your court order in hand and a letter demanding the information under FERPA.  FERPA, another government act...this allows a parent access to school and medical records.  Here's a letter form for you to use:

http://www.deltabravo.net/custody/medrecords.htm

Go in person, it's much more effective.

[Sherry1]

not releasing information, not a doctor's office.

[joni]

why waste their time with the provider?  go thru the doctor to get the records...the doc does the billing....they can see the insurance reconciliation via the billing records.....same difference.