Medical Records

[Imom]

This may seem a little strange but non the less, hubby is the cp in his case. Bm gets ss one week after school ends until one week before school starts, and anytme he is out longer then three days,e/o x-mas. So ss has a doc. here in Indiana, plus on in Mississippi as he should due to distance.

We have tried since August to get ss records from Miss., bm said she signed for them to be released twice, I know I have twice here by filling out a form from our doc.'s office.

Hubby sent a letter off this site, (SPARC SITE). A few sentances in this letter, state he is exercising his rights under state and federal law, etc.

Well the doc.'s office there now want the federal law that states both parents have access to medical records.

They do have joint legal, and I found the state statues, but nothing under federal.

1. Is there a federal law/ or statue?

[socrateaser]

>This may seem a little strange but non the less, hubby is the
>cp in his case. Bm gets ss one week after school ends until
>one week before school starts, and anytme he is out longer
>then three days,e/o x-mas. So ss has a doc. here in Indiana,
>plus on in Mississippi as he should due to distance.
>
>We have tried since August to get ss records from Miss., bm
>said she signed for them to be released twice, I know I have
>twice here by filling out a form from our doc.'s office.
>
>Hubby sent a letter off this site, (SPARC SITE). A few
>sentances in this letter, state he is exercising his rights
>under state and federal law, etc.
>
>Well the doc.'s office there now want the federal law that
>states both parents have access to medical records.
>
>They do have joint legal, and I found the state statues, but
>nothing under federal.

>
>1. Is there a federal law/ or statue?

If the doctor is in MS and the law that you found is in MS, then that's all that you need. However, your court order should detail your right to information access, and if it doesn't, then you should get a clarification order from the court so you don't need to go through this in the future.

[Imom]

This is the custody order word for word, minus names, dob, and ss.numbers.  This was agreed by hubby and bm in 1998,signed and ordered, as you can see it is a plain jain order and we are working on an amendment (I think thats what it is called) and will be adding alot thats not in the co. Our attorney thinks its a waist of time and not helping with that issue.

Anyway the law in Mississippi kinda really only reads that the ncp, has just as much rights as the cp.......but as you can see hubby is the cp and he can't even get the info. The doctors office there wants the federal law that states both parents have acces.
Mississippi
§ 93-5-26. Noncustodial parent's right of access to records and information pertaining to minor children.

Notwithstanding any other provisions of law except those provisions protecting the confidentiality of adoption records and except for cases in which parental rights have been legally terminated access to records and information pertaining to a minor child including but not limited to medical dental and school records shall not be denied to a parent because the parent is not the child's custodial parent if such parent's parental rights have not been terminated by adoption or by a termination of parental rights proceeding.

§ 93-5-24. Types of custody awarded by court; joint custody; access to information pertaining to child by noncustodial parent.

(e) For the purposes of this section joint legal custody means that the parents or parties share the decision-making rights the responsibilities and the authority relating to the health education and welfare of a child. An award of joint legal custody obligates the parties to exchange information concerning the health education and welfare of the minor child and to confer with one another in the exercise of decision-making rights responsibilities and authority.
An award of joint physical and legal custody obligates the parties to exchange information concerning the health education and welfare of the minor child and unless allocated apportioned or decreed the parents or parties shall confer with one another in the exercise of decision-making rights responsibilities and authority. (Emphasis added).


STATE OF INDIANA                         IN THE KNOX SUPERIOR COURT 1
COUNTY OF KNOX                                              CASE NO.

XXXXXXX XXXXX XXXX

V.
XXXX XXXXX XXXXX, XX


AGREEMENT CONCERNING CUSTODY AND VISITTATION
Comes no the parties hereto and herein submit to the Court the following agreement concerning the Custody and Visitation of their minor child.

1. Background: List all parties a child's name, dob. S.S. number and what state they will reside.

2. Legal custody: The parties herein agree that they will share joint legal custody of the minor child.

3. Physical Custody: The parties agree that they shall each share the physical custody of their child in the following manner:

Father: The father shall have physical custody of the minor child from 1 week prior to the school year
until 1 week following the school year.

Mother: The mother shall have physical custody of the minor child during times when the child is out of school for any period of time longer than a 3 day weekend.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

5. Support: The parties agree that any support obligation in this matter would be nearly equal.
Therefore, the parties have agreed that no direct support shall be paid from 1 parent to the other.

6. Visitation: The parties agree that the distance involved will make visitation difficult. The parties agree to any reasonable visitation upon advanced notice.

The Christmas vacation on even years will be spent with the father and the Christmas vacation on odd years will be spent with the mother.

7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

Both parties signed, ordered and dated by the court December 23, 1998.

[socrateaser]

Crud.

This [a href=http://www.hhs.gov/ocr/privacysummary.pdf]link[/a] will take you to a summary of the law provided by the U.S. Dept. of Health and Human Services. The section on Personal Representatives covers your situation, and after my review, I can tell you that federal law defers to state law where there is a question regarding unemancipated minor children. Therefore, if MS law is as you post it, and your order grants you joint custody rights, then you are entitled to the information you seek, unless the child initiated contact with the healthcare professional on his/her own, or there is a likely probability that the contact with the healthcare professional is the result of domestic abuse.

I would put it to the doctor very simply:

"Dear Dr. XXX,

On ??/??/?? I requested access to my child's healthcare records now in your possession. You have responded that before you will turn over these records, that I must provide you with copies of the relevant state and federal laws make it lawful for you to do so.

The following is an Internet link to a summary of HIPAA available for your review at the U.S. Dept. of Health and Human Services.

http://www.hhs.gov/ocr/privacysummary.pdf

I have reviewed this document with my legal counsel and I suggest that you do similarly.

It is not my job to advise you on matters of law regarding your professional responsibilities concerning your patients' privacy rights. I believe that I am within my legal rights in demanding access to my child's healthcare records, unless the child initiated contacted with you without any parental consent, or you believe that there is a reasonable likelihood that the chid's contact with you is related to a domestic abuse issue.

I would genuinely like to resolve this issue with you amicably and without any ill will between us, However, if you do not advise me that either of the above-described circumstances are the reason why you are refusing to permit access, or you do not produce the child's records within the next 5 calendar days, I shall initiate a contempt action against you directly, and allege that you are acting as an agent of the child's other parent in frustrating my lawful custody rights. I shall seek an order instructing you to turn over the relevant records, and an order for monetary sanctions and attorney fees.

Sincerely,

YOURNAME"

[Imom]

Thinks, ss is only 8yrs.