A medical records/privacy question

[meldresler]

What is the name of your state (only U.S. law)? KY

This is a quasi divorce custody question, but it concerns medical privacy.

As part of a separation agreement, my now ex-husband covered my medical insurance for a few years. Now in the midst of a custody matter, he is using these records (statements concerning appointments and doctor names) - but he is using these as evidence and in discovery to determine which doctors I've seen. For example, I listed the doctors I had seen and his attorney came back with other names.

What is the law on this? Is he allowed to use medical information from my insurance statements?

 

[Proserpina]

The short answer is "yes".

He has not obtained the records illegally; the insurance company has done nothing wrong (obviously) and there's nothing in the law preventing him from using the information to build a custody case (though I'm not sure how he thinks he will help him).

Why would you give an incomplete list though?

 

[meldresler]

No, I didn't give him an incomplete list. This just covers a certain timeframe and I couldn't say off the top of my head if I saw an allergist in 2008 or 2009. There is nothing worth hiding - I put the list together quickly and from memory.

His attorney also claimed one name wasn't included which clearly was.

I do wonder though if this would open an argument for me to see all of his insurance statements to verify that he has included all doctors.

It's also an argument not to allow your ex to cover your insurance, although it was helpful and there were extenuating circumstances.