HIPAA/Medical Records

[momof3sh]

California - Back in April of 2009 I was involved in an auto accident and at the time I was married. When I saw the doctor I filled out the paperwork and one of the questions was who they could release information to and I put my husband's name. Then in October of 2009 he physically assaulted me and I filed for divorce. There is a restraining order and he did time in jail. In August of 2011 he walked into my doctor's office and asked for "copies of (my) records for (our) personal file" in which they gave him. I knew nothing of it until my attorney requested certain documents for our divorce and that was one of them. Was that legal?

Was it legal for my ex to ask and the doctor to give it??

 

[You Are Guilty]

Was which legal - your ex asking, or the doctor giving?

 

[momof3sh]

both...his asking and their giving.

 

[You Are Guilty]

Unless you rescinded the written authorization you had given the doctor's office, they did nothing wrong in following the instructions you provided them. (If you did rescind or at least remove Ex's name from the release prior to his request, then the office probably did violate Hipaa. You can report the violation to the feds who may provide some more training to prevent such issues in the future.)

As far as the Ex asking, it is possible, but barring some research into CA state law, I am not prepared to opine one way or the other.

 

[momof3sh]

thank you!

 

[ecmst12]

His asking was NOT a violation of HIPAA. Not sure if there would be another law he was breaking.