medicaid records

[littlebit]

(I posted on Soc board also)

Change of custody and contempt hearing scheduled for first of next month in Alabama.  Right now we have joint legal custody with Mom having primary residential custody.

CP has our child (and the other six family members) on public assistance fraudulently.  To save time, we will try to get the records without going thru the court.  

Does anyone have experience trying to obtain records for various types of public assistence?  I will be trying to get the information within the next week or two, and want to have all my ducks in a row before I start asking questions.

For instance, do I have a legal right to view my son's Medicaid records, or would they be considered to be the records of the NCP, and therefore not be available to me?

I am especially interested in seeing the application filled out by CP.  Anyone have insight on the best way to go about this?

Thanks!
LittleBit's Dad

[Stepmom0418]

I am wondering the same thing here in Iowa. Hopefully someone here can answer this question rather quickly I know it would help me alot!

[Imom]

Yes you both do have a right to them.......search the articles on this site on the main page (I just did) you will find each of your state codes on this issue...........also you can find sample letters to request these Records. To the first poster I will be checking to see what soc. says about the courts because I was told (not by him) that the courts will not honor these kids of records unless they are sopenaed (sp?).  So I would like to know if that true or not, but furthermore you do have a right to the records as long as there is no court order saying you don't have a right.  (same with school)

[Stepmom0418]

I know we can get the medical records but what about public assistance records? Such as medical procedures they have paid for and ect.

[littlebit]

Well.....I spent two hours making phone calls and am completely disgusted and frustrated!  All I got was the stereotypicle treatment that assumes all Dads are sperm donors who hate kids.  

I am fairly sure the BM has already warned them (in her notorious drama-queen style) that I would be inquiring.  

After countless transfers and referrals, I spoke to the specific individual who handles BM & son's case, also the county supervisor, and also a medicaid official for the state.  All had the same attitude and gave me the same treatment!

I even read to them the specific law of our state that gives me access to any and all records pertaining to my son.  Furthermore, our divorce decree also spells out that I have access to everthing.....No one gave a flip!  One lady even told me that the law I quoted to her does not apply public assistance, but she would not provide me with anything to substantiate that!

They said that because my son is on public assistance based on BM's circumstances, all of the records are hers, not his.  So they would not provide me with anything.  And of course I explained that that was fine, I only want my son's records, even a simple list of his doctor visits etc.  And of course, I got a big fat NO.

Before I made the calls, my wife urged me to let her call and pretend to be BM.  I wanted to do it the right way and look where it got me!

I hate these brick walls!  I hate taking the high road and watching everyone else win!  I hate being the best Dad anyone could possible be, just to get treated like some predatory creep!  

[jilly]

Do you have an attorney? Can you get your attorney to subpoena the records? Can you subpoena the records yourself?

[Stepmom0418]

I had a feeling that this would be a pain to try and do but PLEASE do let us know if you figure this out.

[littlebit]

I do have an attorney.  He expects that he will not be able to get the records via subpoena in time for the court date (three weeks).  Although the GAL thinks this is an issue worth pursuing, our case is not tatally dependant on it.  So, is it worth rescheduling the court date for?---We filed in early February, didn't get a court date until late April.  If it's re-scheduled, it will probably be another 3-4 months.

I'm not giving up.  I just haven't found an alternative plan, YET.  Any ideas would be helpful.

Thanks for the input.

[littlebit]

OK, I'm back on the phone again trying to stir up some sympathy for my cause.  Now I get the response that the new HIPPA law forbids them to give me any info on my son's medicaid benefits.  

Is this true or just another exuse to blow me off?  
Can anyone give me a quick tutorial on the HIPPA law?  

Thanks!

[jilly]

Try the website below. It tells you about HIPPA. Basically though it's to protect the privacy of patients and prohibits healthcare providers from giving out any information to 3rd parties regarding a patients' medical information.
You can also do a search on "HIPPA".


//www.os.dhhs.gov.ocr/hippa