Medical office denying access to children's records

[Winsome]

I have joint legal and ex-wife has primary custody in the state of Indiana. Recently she took the children to the dentist and asked for my insurance. I provided mine. The court order states that she has to carry children's insurance as well. Post visit, I call the dental office to request the records. They deny saying mother hasn't included me in the HIPAA form. I wasn't satisfied with that answer. I asked them where in HIPAA it is stated that a parent does not have right to the children's information.

After a few exchanges, the office sent me a office form and referred to it as an office policy that they cannot reveal children's records per that form. I persisted and asked where in the office form does it state a parent does not have a right to their children's records. After 3 weeks, they reply stating it is in the privacy policy. I ask their privacy policy. Nothing in there states a parent does not have access.

Next they solicit a signature from mother giving me authorization. I again ask them why does mother needs to sign a form to allow the father access? No response. I have had the same experience with my children's pediatrician's office as well where they want mother's permission for me to access the children's records!

I am frustrated with this. Is there a law that states one parent cannot access their Childs records unless given permission by the other? Is this a malpractice issue?

 

[not2cleverRed]

I think that this would be a good thing to address in court with the ex: request that "parents are required to include the other parent when completely HIPAA release forms for children." Or something to that effect.

Yes, the drs and dentists are wrong... but so is the ex. It would cost her $0 to grant you permission to have access to the kids records, and a little transparency in what's going on, and what the real costs are could prevent some time in court.

Heck, a smarter ex would try the "killing with kindness" approach: make sure the other parent has access to everything, whether or not they ask. Because either 1) that'll help the other parent be more involved with the kids OR 2) if the other parent is not involved, it's totally on them, and they can't use it against you.

 

[Taxing Matters]

I am frustrated with this. Is there a law that states one parent cannot access their Childs records unless given permission by the other? Is this a malpractice issue?

The rule under HIPAA is that a parent has the right to access their minor child's medical records unless a court order or state law says something to the contrary and the rule generally defers to state law regarding parental access to a minor child's records, if it has such a law. See 42 CFR 164.502(g)(3). Indiana Code (IC) § 16-39-1-7 states that both parents have a right to access their minor child's medical records unless a court order says otherwise and the provider has been given a copy of that order. I suggest you make a written request for the records and cite that you have the right of access to your child's medical records under the HIPPA privacy regulation 42 CFR 164.502(g)(3) and that Indiana Code § 16-39-1-7 expressly gives you the right to those records, and include a print out of the state law. My guess is that when you give them the request in writing and actually cite the law they'll go to their attorney to determine what they should do, and if their attorney is at all knowledgeable about HIPAA and the Indiana law on medical privacy the attorney will tell them to give you access to the records.

And no, this is not a malpractice issue. Medical malpractice is when the medical professional's care of a patient falls below the minimum accepted standard of care in the profession and as a result of that failure he or she caused harm to the patient. A dispute over access to records is not malpractice.

 

[Winsome]

Thank you for this information. So it sounds like I had rights to my children's records, but the clinic insisted on authorization by the mother. Isn't this a violation of my rights as a parent? My correspondence with them is in writing. The office unlawfully denied my access for weeks, isn't it?

 

[cbg]

Yes, and Tax has explained to you what the first step in remedying the situation should be.

 

[not2cleverRed]

Thank you for this information. So it sounds like I had rights to my children's records, but the clinic insisted on authorization by the mother. Isn't this a violation of my rights as a parent? My correspondence with them is in writing. The office unlawfully denied my access for weeks, isn't it?

Follow the process TM has outlined.

In particular, note the phrase: "both parents have a right to access their minor child's medical records unless a court order says otherwise and the provider has been given a copy of that order. "

It is entirely possible that your ex has represented to the health care providers that the restraining order(s) extend to medical/dental records. In which case, if this is a misrepresentation, your anger is misplaced. Realize that the health care providers don't know you and aren't out to get you... Of course, if you continue to approach the problem by threatening to sue them, they may develop an actual opinion about you.

 

[Winsome]

Yes I noted that from TM's response. It is possible that my ex has told them about how bad a person I am. But there is no restraining order. I have joint legal. The clinic should not assume that I am a bad person based on anything my ex has conveyed to them. Unless there is a legal document that prevents them from denying me access, they should not withhold the records. What is embarrassing is that they wanted her signature in order to provide me access.

 

[cbg]

We all agree that they should not withhold the records. You've been told what your next step is. Continuing to re-state the problem is not productive.

 

[Zigner]

Does the dentist office have verification that you are the father? Make sure you include that with the request you send, as suggested in Taxing Matters' post above.

 

[Winsome]

Does the dentist office have verification that you are the father? Make sure you include that with the request you send, as suggested in Taxing Matters' post above.

what verification do I need to show them?

 

[Zigner]

what verification do I need to show them?

Your court order along with your state-issued identification should suffice.

 

[Winsome]

My children and I attend a court ordered reunification therapy. Per the order, my ex and I have to share the expenses equally. However, she hasn't paid her share. I send her the receipts each month. This along with a host of other issues was contempt petitioned in the court for which a hearing date is set.
In an interrogatory question of why she refuses to pay her share, she responded that neither the provider or I have communicated the schedules to her, so she bears no responsibility to pay. Fact of the matter is, whenever the therapist or I used to communicate schedules, she used to find some excuse or another for the children not to attend therapy. She used to schedule other activities for the children during that time. My question is, how will the Court perceive this, will her counsel pin me down for not telling her the schedule? Thanks.

 

[Just Blue]

Thank you for posting your new question here.

 

[Zigner]

My question is, how will the Court perceive this, will her counsel pin me down for not telling her the schedule? Thanks.

There really is no way that any of us can predict how another person will "perceive" something. Sorry.

 

[stealth2]

Are the appointments scheduled on your time or hers?