HIPPA Medical Laws....please help?
I need to find out how strict HIPPA laws are right now and how we can get around our situation. Long story short, I spoke with a state insurance called Kidcare in the state of FL. I called to find out if my stepdaughter’s insurance was active because we need to take her to the doctor and we’ve had issues with her insurance before. I know they can’t give me information, but I was trying to find out for my husband how and what he needs to provide them as far as information goes in order for them to speak to him about his child.
Well the woman on the phone said that HIPPA laws are very strict and that they can only talk to the person on the account which is the child’s mother. And I asked how he could go about being part of that being that this is his child and he has rights to her medical records. And she said it doesn’t matter. I asked her even with a court order stating he has all access that the mother has, and she said again, this HIPPA law prevents that.
So while I understand privacy laws, I’m not sure how it applies here. Doesn’t my husband have rights to find out any information that pertains to his child? It says in our court order that he gets all rights shared that the mother gets. The only thing is that the child lives primarily with the mother.
Does anyone have information on this? Was I misinformed or was it factual information? And if it is true, how does he go about this?
So again, then how does he go about getting medical access? HIPPA is preventing a parent from accessing his own child's information. There must be a way around this.....how?
Well they were never married and we just found out about the child so no man has ever been listed as the father. Well, maybe one other man, but when I asked if a father was listed they said no. And they wouldn’t say much about how to go about adding him.
We have asked the mother in the past and she has lied in the past about valid insurance. It’s almost as if she has something to hide. And if there is nothing to hide, then why is it such an issue to add the father?
I know that if the mother provided insurance to the child that we couldn’t access it. But that since it’s only the child, it kind of doesn’t make sense why it’d be so complicated.
Can we send a subpoena for this request? Or something?
- junebugLv 61 decade agoBest Answer
I would contact HIPAA toll-free number at (866) 627-7748 to see if there is anything that your husband can do. Since you are dealing with an insurance company, I seriously doubt that you or your husband will be able to get any information from them unless her mother goes to the insurance company and adds your husband or yourself. I know when my son had insurance through his father's policy, they would not provide me any information since I was not the policyholder.
Edited to add: I think the easiest thing for you to do is let your husband add his child to his medical insurance (or you add her to yours as a step-child). That way you'll know the child will be covered in the event that you have to take her to the dr.
- fangtaiyangLv 71 decade ago
The Health Insurance Privacy and Portability Act does set restrictions on who can access health records. In this case, it is very possible that the mother's name is the only one listed as having access to those records. A blanket court order of joint custody and access is not sufficient in this case. A separate determination would have to be made on the issue and an agreement reached or a court order made that deals with this in particular. The age of the child is also an issue Teen aged children have more privacy than younger children under HIPPA. The easiest route would be to ask the mother directly for the information. For purposes of obtaining care for the child, she should be agreeable, but I do not know the whole situation.
- Anonymous1 decade ago
The way around it is to let the doctor's office find out if her insurance is active. Call the doctor and ask them to check her insurance status. HIPPA does allow a doctor to find out if a patient is covered or not.
- redenz40Lv 41 decade ago
Get the mother to add fathers name to the insurance
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- wizjpLv 71 decade ago
Nope. HIPPA will only give the infomation to the party registered in the system as elligible. Period.