HIPAA Privacy for Children
When you call the health care provider for the children, let them know you do not want medical or payment information released to this person. If they have the legal authorization or requirement to provide her with this information, they should be able to provide you with a better explanation as to why she is exempt from HIPAA privacy laws. 5 CommentsLeave a comment |
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I am a divorced mother of two. Although my ex-husband carries a policy on both of my children, I am the guarantor on the account through their medical provider. My ex-husband and I have been ordered to pay equal shares of any uncovered medical expenses for the children. My ex-husband has recently remarried and his new wife continues to call the medical provider to obtain information regarding my children’s medical treatment as well as payment status of the account. I was under the impression that HIPAA laws protected my children and I from these types of invasive inquiries. Am I wrong in my assumption?
Medical information may be disclosed to a third party with the permission of the patient. The medical provider must keep a signed authorization of this permission on file as proof that they have authorization to release this information. Since your children are under the age of 18, permission to release medical information is granted by the parent. Your ex-husband has the legal right, on behalf of the children, to request this information be released to his new wife. You need to contact the physician of the children and ask them if they have a signed release to share medical information with the children’s step-mother. We are not quite sure if, as their step-mother, she is exempt from needing this authorization. In the case of a step-parent who has not adopted the child or been designated by court as a legal guardian, the parent can sign a patient representative form on behalf of the children designating the other person to act as patient representative. This could have been granted by your ex-husband. Since you are the guarantor on the account, this may create a conflict of interest.
You should definitely go talk to the insurance company! This is exactly why the HIPAA act is so important when it comes to health insurance for individuals and it has to be respected. Your husbands stepmother has no right to pry into your children’s lives like that, even if she is acting on behalf of your ex-husband. If you are on good terms with your ex-husband, perhaps you should take it up with him as well. Medical records have to be protected for good reason. For example what if a girl was raped and goes to the hospital by someone she knows. Without HIPAA laws her assailant could get her medical information and use it to track her down or even worse he could try to influence others. The HIPAA laws are necessary and insurance companies need to follow them to the point. If necessary you should consult a lawyer about this, especially if it continues.
Comment by Lester — June 14, 2009 @ 7:12 am
If the stepmother is the insurance policy holder, does she not have legal right under HIPAA laws, to access any medical records, bills, etc?
Comment by Joy — July 15, 2009 @ 8:05 am
I am on the other end of this spectrum, being the stepmother of 2 children that have some medical issues that I feel are not being taken care of by the mother. And the girls are in my husband and I’s care half the time. I do not feel that I should not be allowed information to their medical records, when their medical care is in our hands sometimes. As for the financial part, my husband and I pay the entire amount of all their health care costs, so money issues for their mother paying are not of interest to me. But being a step parent these days with more than half of all marriages ending in divorve, is so common, its just not fair to exclude us as being parents entitled to the same rights as anyone else, there are probably just as many step parents out there as there are biological. In my case, the biological mother just doesn’t like the fact that the father of her children remarried, so she attempts to make it as difficult as possible, just because she can. I hope that you are just not making it difficult for your ex-husband and kids for grudge reasons because honestly if you pay your portion like you are supposed to, and you aren’t hiding any health info about your kids.. wouldn’t it make sense that it would be better for the children to have as many people as possible interested in the medical well being of your children?
Comment by Kimberly — July 22, 2009 @ 7:01 am
Kimberly, if your husband has been awarded custody of the children half the time, then I am assuming he and his ex-wife have joint legal custody, which means that both the father and the mother have equal say in medical treatment and other major decisions. This means that the father alone CANNOT grant permission for you to have access to the children’s medical records. The mother must also agree. When the step parent gets involved against the biological parent’s wishes it effectually takes away some of the rights of the biological parent and violates the children’s rights under HIPAA. There are boundaries that need to be respected, particularly if the parties do not get along. If you “feel” that the children are not being taken care of, that is not a justificable reason to handle things that the biological mother is fully capable of handling. Unfortunately, your opinions, including those having to do with the mother’s feelings on her ex-husband’s marriage or her capabilities as a parent, do not give you the authority to supersede her role as the biological mother. This is not only a matter of medical privacy, but also affects any court ordered co-parenting agreements. You should keep all issues having to do with the children’s education or medical care between the biological parents. Respect the biological mother’s role. And no, it is not better to have as many people involved in the medical well being of the children. The more people, the more stressful it becomes, particularly when there is strife. And that is not good for the children. Regardless of your assumed reasons for that strife existing, you are the party without any legal rights to those children. If your forced involvement in their medical care is causing contention, regardless of the reasons why, the best thing for the children would be for you to take a step back and respect those boundaries.
Comment by Lynn — August 4, 2009 @ 12:13 pm
I have an interesting spin on a similar situation. My ex and I have joint equal custody with 50% time sharing. We are to split medical expenses as we have been for 10 years. My husband makes the medical appointments and many times does not inform me of these appointments. I find out after the fact many times. Recently my ex scheduled an orthodontist consultation, didn’t tell, didn’t go to it himself and sent his current wife (step mom). She signed the medical forms (left the mom’s information area blank) and signed the HIPPA form as the personal representative and indicated on the HIPPA form that only dad was authorized to receive medical info. I called the orthodontist and they won’t release information to me because the form does not authorize me to have the information. I filed a complaint to HHS on this doctor. This is so wrong…now I am getting a lawyer and hopefully we can take this matter up with the court. This has been happening for many many many years. Incidentally I am a fully engaged mother and there is NO reason why the step mother has to intervene as a parent in this situation.
Comment by Terry — August 19, 2009 @ 11:06 am