Medical records

[rmdad]

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

I carry the medical/dental insurance on the kids. The cp does not keep me informed about kids...I am finding out about illness, surgery (tonsils) and other not so small medical issue qfter the fact. I used to get the EOB but I have recently found out that while adressed to me they are going to the cp address. I had insurance company send a copy to me and have discovered that she has stopped using my insurance for about a year.

I wrote the doctor and they said since he court order doesn't specifically say I can have the medical records they won't release them to me.


In this new order the judge said I am to have access to all of those records but her attorney refuses to put that part in this new order and I refuse to sign it without it in there.

I am going back to court pro se to get this modification settled and I want to know can I subpeona my childrens medical records? I want hem for he hearing because I want the judge to address he fact that she is not being forthcoming about medical information with the kids.

 

[ecmst12]

If you are the legal father, then you have the right to see your childrens' records regardless of whether the court order specifically allows you to or not.

 

[acmb05]

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

I carry the medical/dental insurance on the kids. The cp does not keep me informed about kids...I am finding out about illness, surgery (tonsils) and other not so small medical issue qfter the fact. I used to get the EOB but I have recently found out that while adressed to me they are going to the cp address. I had insurance company send a copy to me and have discovered that she has stopped using my insurance for about a year.

I wrote the doctor and they said since he court order doesn't specifically say I can have the medical records they won't release them to me.


In this new order the judge said I am to have access to all of those records but her attorney refuses to put that part in this new order and I refuse to sign it without it in there.

I am going back to court pro se to get this modification settled and I want to know can I subpeona my childrens medical records? I want hem for he hearing because I want the judge to address he fact that she is not being forthcoming about medical information with the kids.

You need to request them in writing and the doctors office has 30 days to get you a copy(you can be charged for the copies). if they refuse you can file a complaint with Office for Civil Rights, U.S. Department of Health and Human Services. You can also file a complaint with the appropriate state agency that regulates doctors in your state.

I would write and request them and inform them that if they refuse you will file a complaint with both agencies.

 

[CJane]

It's really difficult to get medical records admitted into evidence if the other party objects, and you don't know what you're doing.

It's no where near as simple as going to the office and picking up photo copies.

And, it's unlikely to do you much good. If you're attempting a modification, I certainly hope you have more to go on than the medical thing. Because in the long run, that's an issue for YOU, but doesn't directly affect the best interests of the kids.

 

[rmdad]

I have done the request in writin and filed a complaint and still nothing!!!
I want to see my kids medical records so i know what's going on.

So I don't know of another way to get them....

Since I am pro se now I am guessing the judge will have to approve the subpoena and I can't see him having a problem since he specifically said I am to have access to those records.

 

[CJane]

I think you should explain exactly what the letter you sent to the Dr's office stated. And who, exactly, you sent it to. And how, exactly, they refused.

 

[rmdad]

I sent them a certified letter stating who I was and a copy of last custody decree. My decree does not specify I can have acsess nor does it say I can not. I let them know I understood that I would have to pay for any copy fees and I was willin to do so.

They replied that since the cp did not authorize any such release and since I did not have a court order that specifically said I had the right to have medical records that they would not release them to me.

 

[CJane]

Ok, just because it matters:

You made proper written request to the doctor's office.
You included all of the information that they require of people requesting records (and usually there is very specific information required).
You provided a correct address and telephone number at which they could contact you.

THEN

They notified you in writing within 60 days (30 if the records were kept onsite) that they would not provide you with the records.
They included in that notification WHY they were not providing you with the records, AND notified you that you had the right to request a review of their decision.
They ALSO notified you that you had the right to file a complaint, and who that complaint needed to be filed WITH.

THEN

You filed the complaint.
AND you requested the records again, including whatever information was missing the first time you requested them. (Like, maybe, a copy of the statute?)

THEN

They denied you AGAIN?

See, specifics are important.

If you just sent a letter that said "I, John Doe, am requesting copies of my children's medical records. I will pay for copies. Please send them to XXX Maple Lane, Anytown USA" that's not going to work.

Needs to be more along the lines of:

I, John Doe, parent of Sally Doe (xx/xx/xxxx) and Joey Doe (xx/xx/xxxx), am requesting access to and a copy of the above children's medical records. I wish to receive entire copies, and if there is any question about whether to include a document/information or not, I request that the document be included.

The attached is a copy of the most recent court order regarding custody of the children. Please note that it does not bar me from accessing the children's records. Therefore, my right to the records is protected by HIPAA, as well as Oklahoma Statute (43 Okl. St. 109.6).

Please advise within 30 days of the receipt of this letter the total copying cost for the records, as well as the expected date such records will be available to me.

Thank you for your cooperation in this matter.

John Doe
SSN
BIRTHDATE

SALLY DOE
SSN
BIRTHDATE

JOEY DOE
SSN
BIRTHDATE

Applicable statute:
§43-109.6. Certain information and records to be available to both custodial and noncustodial parent.
Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.
Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982. Renumbered from § 5.2 of Title 10 by Laws 2009, c. 233, § 198, emerg. eff. May 21, 2009.

 

[rmdad]

Yes!

I didn want to retype my letter and their letter in full on this forum.

I am telling you I have done all of this....got the forma off delta bravo.net and put the applicable statute in the letter and they still will not give me the information!!!!

 

[ecmst12]

Now you file a complaint with the HIPAA board.

 

[CJane]

Now you file a complaint with the HIPAA board.

OP claims he's already filed the complaint.

Clearly, there is something missing from this story. Something HUGE.

 

[rmdad]

No I am telling you everything!! I went through this with their school and it got resolved but it to many many months!

I am trying to get these medical records sooner and not have to wait 6 months...

That is why I was looking into subpeonaing them.

 

[CJane]

No I am telling you everything!! I went through this with their school and it got resolved but it to many many months!

I am trying to get these medical records sooner and not have to wait 6 months...

That is why I was looking into subpeonaing them.

I can't believe it took "many many months" to resolve the school issue. I can't believe this many agencies are disregarding Federal law, and refusing you access to these records. Not without a darn good reason - which has likely been provided to you.

And the darn good reason is NOT "You don't have a court order which grants you access." Because Federal law trumps that.

 

[milspecgirl]

obviously the judge is aware that mom is yanking dad around on this because the judge specifically stated dad was to have access. normally- a judge only addresses the issue specifically if the ncp is NOT to have access.

have you received a response to the complaints that you filed?

 

[CJane]

obviously the judge is aware that mom is yanking dad around on this because the judge specifically stated dad was to have access. normally- a judge only addresses the issue specifically if the ncp is NOT to have access.

have you received a response to the complaints that you filed?

The judge supposedly specifically stated, yes. But did NOT enter an order stating that - even though the judge was apparently aware that the Doctor wished to receive such.

And this is not MOM yanking Dad around. MOM cannot provide "Medical Records" to Dad. MOM could only provide EOB's and only HAS to if ordered to do so. This is supposedly the DOCTOR who is yanking Dad around - and before that, the SCHOOL.