Louisianamom
Junior Member
What is the name of your state? Louisiana
First timer....Please correct me if I do something wrong
I promise...this is going somewhere.
I'm currently involved in custody battle with my ex-husband over our four year old daughter. We agreed on have joint custody with myself as the domiciliary parent when our divorce was final on December 11th 2006. On Jan 14th of this year(2008) I was served with a temporary retraining order and rule to show cause then was informed he was granted ex parte order on Jan 9th. He has threatened to file a petition for change of custody for some time now.
On December 5th my daughter made a statement to me that my then fiance touched her inappropriatly. I took the appropriate steps of investigating the abuse claim....filed report with the police and took her to the Children's Advocacy Center that works with the police to investigate claims. The child advocacy center and detective informed me they didnt believe any abuse had occured and thought some possible coaching might be involed after I asked. HOWEVER, I was not allowed to view their offical findings. My then fiance is an officer in the military and was given orders to retain an atty before interviewing with the detective. His atty has advised him not to interview with the detective for fear of twisting words in an attempt to build a case that isnt there. As a result the police have still yet to send the case to the DA for futher investigation or closure.
Several other allegations have been made by my ex-husband to make me look unfit but arent relevant to this particular thread.
At my attys request I went to my daughters pediatricians office yesturday to get a copy of her med recs. After reading through them I found that my ex husband had already requested a copy to have faxed to his atty. Heres the possible problem.....
My ex didnt fill out or sign the hipaa authorization form, his girlfriend did, the handwriting and signature are clearly different. Bigger problem...she signed his name. The authorization form was sent to her work at 10:51 am Jan 14th then faxed back to the pediatricians office at 11:05 am the same day. Souldnt the pediatricians office have considered that my ex didnt sign this authorization form? Arent there identification guidelines that have to be followed when sending PHI via fax?
Next issue. The pediatricians office then faxes my daughters med recs to my ex husbands atty but doesnt black out MY personal infomation...SS#, DL#, address, phone number, work info and DOB. I thought this was required?
Due to lack of communication between the doctor and her staff the notes regarding the particular visit in question arent particularly favorable to my case. I plan on amending the records and subpoenaing the doctor.
Questions-
Have any laws or regulations been broken?
What are the fines or punishments for the laws being broken if any have?
If I am unable to get the records amended before our trial is there anyway these recs are inadmisable due to the fact the the girlfriend forged my ex's name?
Any help is appreciated. Thank you.
First timer....Please correct me if I do something wrong
I promise...this is going somewhere.
I'm currently involved in custody battle with my ex-husband over our four year old daughter. We agreed on have joint custody with myself as the domiciliary parent when our divorce was final on December 11th 2006. On Jan 14th of this year(2008) I was served with a temporary retraining order and rule to show cause then was informed he was granted ex parte order on Jan 9th. He has threatened to file a petition for change of custody for some time now.
On December 5th my daughter made a statement to me that my then fiance touched her inappropriatly. I took the appropriate steps of investigating the abuse claim....filed report with the police and took her to the Children's Advocacy Center that works with the police to investigate claims. The child advocacy center and detective informed me they didnt believe any abuse had occured and thought some possible coaching might be involed after I asked. HOWEVER, I was not allowed to view their offical findings. My then fiance is an officer in the military and was given orders to retain an atty before interviewing with the detective. His atty has advised him not to interview with the detective for fear of twisting words in an attempt to build a case that isnt there. As a result the police have still yet to send the case to the DA for futher investigation or closure.
Several other allegations have been made by my ex-husband to make me look unfit but arent relevant to this particular thread.
At my attys request I went to my daughters pediatricians office yesturday to get a copy of her med recs. After reading through them I found that my ex husband had already requested a copy to have faxed to his atty. Heres the possible problem.....
My ex didnt fill out or sign the hipaa authorization form, his girlfriend did, the handwriting and signature are clearly different. Bigger problem...she signed his name. The authorization form was sent to her work at 10:51 am Jan 14th then faxed back to the pediatricians office at 11:05 am the same day. Souldnt the pediatricians office have considered that my ex didnt sign this authorization form? Arent there identification guidelines that have to be followed when sending PHI via fax?
Next issue. The pediatricians office then faxes my daughters med recs to my ex husbands atty but doesnt black out MY personal infomation...SS#, DL#, address, phone number, work info and DOB. I thought this was required?
Due to lack of communication between the doctor and her staff the notes regarding the particular visit in question arent particularly favorable to my case. I plan on amending the records and subpoenaing the doctor.
Questions-
Have any laws or regulations been broken?
What are the fines or punishments for the laws being broken if any have?
If I am unable to get the records amended before our trial is there anyway these recs are inadmisable due to the fact the the girlfriend forged my ex's name?
Any help is appreciated. Thank you.