NCP some questions/problems within concerning medical records/health.

[jj94auto]

I am the NCP. My child lives in the State of Florida with the CP. I live in the State of Virginia.

Last time that my child was here, the child was allegedly sick with a strep throat.

The CP sent a prescription along with the child that was intended to fix the alleged strep throat.

The child was watched by my present wife during his visitation time with me while I was at work.

The CP called a few days later to tell me that the child still had the strep throat and questioned me as to whether or not I had given the child his prescription each and every day. When I asked the CP why they would ask me a question like that, the CP stated that the doctor wanted to know. (Funny that the doctor has my phone number on file and has been specifically instructed to contact me in addition to the CP when there is a problem).

If the CP was a "normal" person, I would take this question with a grain of salt. However, and based on the CP's track record, I am on the alert.

My present wife is naturally alarmed, and I don't want to compromise her safety/freedom in any capacity should the CP make any false statements.

Additionally, I recently exerted my FERPA rights by obtaining my child's medical records.

My child has been perpetually sick, and I would like to speak to his doctor to determine the following:

1) What my child has suffered during the past few years.

2) If my child has actually been sick with a strep throat recently.

It is difficult for me to get the child's medical records as I am not his insurance provider, nor do I presently have the capacity to be his insurance provider.

My questions are as follows:

1) What questions might I ask the doctor?

2) How do I determine who the child's present doctor is in the future without assistance from the CP? (The CP is evasive with information at best).

3) How do I interpert the child's medical chart that I have received already? Will a doctor be willing to do that for me? How much would he charge?


Thanks

[Cookiemomma4]

Do you have a court order stating that you should have access to the information?  If you do, it should be easy to get the files from the doc that you know of ...but the docs that you don't know of will probably be a bit more difficult if she is uncooperative.  You should send out letters certified mail requesting copies of his files (they have some that they recommend on this site if you so choose) and also to speak with the physician.  As long as their is not a court order restricting your access you should have full access under the federal HIPPA.  If you have a court order and she is non-complient with devulging information about your son's medical care the information can be petition the courts to subpoena the information either from the mother or from the insurance company.  Bottom line, if you have split legal, she SHOULD be consulting with you before she changes your son's doc, you should know when the child sees the doc, and you should be notified of the outcome...but unfortunately this is not reality in most cases.  I would take the medical records that you do recieve to the doc that your child would see when he is in your home and schedule a physical for the next time he is with you to and explain that at that time you would liek to go over his medical record or schedule a consultation with the doc that he is currently seeing (yes, there may be a fee for this and the copy of the records but in the end it will be well worth the money you are putting out) to go over his record and concerns regarding your son's health and frequent illnesses.  
Good luck to you!

[Ref]

Request a copy of all medical records be sent to your family doctor stating that that is the doctor that would care for the child during your visitation.

After your doctor has his hands on it, it will be MUCH easier for you to get copies from him.

Good Luck
Ref

[nala_mia8]

DH's ex isn't quite as crazy as your ex seems to be, but regardless, she was a bit ticked when she found out we requested copies of all of SD's medical and education records. First, ask BM for the names of the doctors. If you have joint legal, she is legally bound to give you this information. Your decree should say so as well (I know DH's does). Document it if she doesn't give you the information. Second, depending on the age of your child, you can ask him yourself. My SD is 7 and knows the names of all of her doctors. You should be able to do it in a way that he doesn't even notice. Ask him if he's feeling better. Does his throat feel better. "I bet the doctor takes good care of you when you're sick." and then casually ask his name. We had to do this with SD when we found out that BM took SD to a child psychologist and didn't tell DH (grounds for contempt).

Doctors are legally bound to give you your child's records or face some pretty steep penalties. SD's pediatrician and child psychologist had no problem giving DH her records with a faxed consent form. School wanted a mailed consent form. The dentist's receptionist is being a Not Nice Person but we're dealing with that and should have those records soon too. Offer to send a copy of the divorce decree to prove you have open access to that information

If you have joint legal, there is absolutely no reason why you can't make an appointment to have a meeting with the doctor, even if it's by phone. Assuming you have joint legal, you are afforded all the rights of the CP. You are supposed to be considered equal in those regards. Exert your rights as the father and as long as you are polite and friendly, I can't imagine anyone telling you no.

Are you responsible for paying part of the co-pays or prescriptions? If so, BM should have to send you copies of receipts. Those receipts should have the doctor's name and phone number on them. If they don't, request a copy of the receipt with all the appropriate information before you submit your part.

This tells you that a parent IS allowed the right to see their child's records unless certain conditions are met - and your situation doesn't fall under those situations...

healthprivacy.answers.hhs..._topview=1


This is what the provider is required to DO under the law...

healthprivacy.answers.hhs..._topview=1


This is what you SHOULD be able to receive....

//www.hhs.gov/news/facts/privacy.html

To determine if the provider falls under the HIPPAA rules.

//www.cms.hhs.gov/apps/hipa...charts.pdf

[verakh]

Here the doctor's office always says"We'll need to cal BM and ask her if it is okay to give you that information."  I have to take a copy of the court order that says DH has joint legal custody and a copy of state statutes regarding this to the office.  It's become a process.  SD gets new Dr.  We send copies of court order.  It's rediculous.

[nala_mia8]

Someone needs to educate them that it doesn't matter if BM likes it or not, if your DH has joint legal custody, they can NOT deny him ANY information. Send them a copy of the decree and send them a copy of the HIPPA laws. When you're dealing with the school, send them the FERPA laws. Both give you equal access to all the child's information.

[IceMountain]

About forwarding the records to your doctor with the intent of having them copy for you.  

I was seeing 2 doctors recently who coordinated my records and sent mutual copies to each other.  I was then referred to a specialist who requested that I bring copies of my most recent test results to that appt.  When I requested the copies to take to the appt., I was told that clinic B could only give me the records generated from their office and they could NOT copy any records from clinic A.

The rules may vary by state, but my dr. told me it was a FERPA rule.