Release of medical records

[CJane]

What is the name of your state? Missouri

I sent out letters to all of the doctors my children have ever been to see, requesting copies of their medical records. one clinic called me back yesterday, to find out if I wanted all of the notes from physicians that the kids had been referred to. Very helpful lady.

I got a call from another clinic yesterday evening, and they requested a copy of my divorce decree and parenting plan, particularly the portion where it states that I have a right to the records. Isn't it federal law that they HAVE to release them unless they've been shown a court order stating otherwise?

I'm preparing to fax them the info that they've requested, but I need to know how to handle this in the future.

Thanks.

 

[rmet4nzkx]

They have the right and obligation as custodian of records to confirm that you either have joint legal custody and therefore the right to sign a waiver, permission of the custodian/guardian of the child or court order. In some cases, such as psychological/psychiatric records and therapy notes, you may be entitled to only limited information, and in most cases, the provider may provide a report at their discretion without a court order or subpoena. A provider is only required to respond with records related to their care, however you may, view the entire file.

 

[thetsgtswife]

I dont think so only because my step son broke his foot on the 24th of july and his mom decided to send him back home to me the following thursday. I requested that she get all xrays and doc notes for me so that when I take him to the specialist here that would know what shape his foot was in from the begining.

When she started requesting the docs they wouldnt release them to her, she wasnt the custodial parent so I had fax over my POA's and CO and they faxed the docs to me but did release his Xrays to her before he left to fly out here. But that was with my permission. I had assumed that becuase she is BM that they would release this information to her automaticlly, but they didnt.

It was a pain and I dont know if its just that particular state or if it is everywhere, but that is how we had to handle it.

Hope this helps.

TSGTSWIFE

 

[CJane]

They have the right and obligation as custodian of records to confirm that you either have joint legal custody and therefore the right to sign a waiver, permission of the custodian/guardian of the child or court order. In some cases, such as psychological/psychiatric records and therapy notes, you may be entitled to only limited information, and in most cases, the provider may provide a report at their discretion without a court order or subpoena. A provider is only required to respond with records related to their care, however you may, view the entire file.

There aren't any psychiactric records, just normal stuff that any 8 year old and 5 year old would have in their medical files. I just found it odd that one Dr office was so helpful and one was demanding proof that I have the right to the records - particularly since the people at the clinic have only seen my ex-husband twice in 6 years, and I've taken the kids to every other appointment.

Thanks for the info, I'll fax them the portion of the parenting plan that states the following "Both parties shall have complete access to the children's medical, dental, vision, psychological, and psychiactric records. Each parent shall sign any necessary document ensuring that the non-physical custodial parent has access to said records."

Makes me wonder though, why they let me seek treatment for the kids, and why they've let me pick up x-rays and stuff in the past. If the ex recently changed something in their files (as I suspect he did), will that be in there as well? I requested that the letter I sent be kept in their files.

Thanks again.

 

[rmet4nzkx]

It is just compliance with HIPAA laws.

 

[CJane]

It is just compliance with HIPAA laws.

That was my first thought - I'm really not paranoid . But I couldn't figure out why one clinic was so in compliance and the other wasn't. Makes me sort of wonder who's going to need what, at this point.

When I make the same request for school records, should I just automatically include a copy of the parenting plan with the request?

 

[rmet4nzkx]

That was my first thought - I'm really not paranoid . But I couldn't figure out why one clinic was so in compliance and the other wasn't. Makes me sort of wonder who's going to need what, at this point.

When I make the same request for school records, should I just automatically include a copy of the parenting plan with the request?

It might make it easier

 

[snostar]

They have the right and obligation as custodian of records to confirm that you either have joint legal custody and therefore the right to sign a waiver, permission of the custodian/guardian of the child or court order.

Do the HIPAA Laws state this? I was under the impression you only needed to provide proof of parental rights (not custody) in order to view medical or educational records.