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 e-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 eempt 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 e-husband. Since you are the guarantor on the account, this may create a conflict of interest. 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 eplanation as to why she is eempt from HIPAA privacy laws.
Answered: May 02, 2010