Know your options

Question

Asked: May 02, 2010

HIPAA Privacy for Children

I am a divorced mother of two. Although my e-husband carries a policy on both of my children, I am the guarantor on the account through their medical provider. My e-husband and I have been ordered to pay equal shares of any uncovered medical epenses for the children. My e-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?

Categories: In Missouri
Plan Types: In Other

Watch this Question | Email to a Friend

Answers

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

 

Top Missouri Experts

RANK LEADER POINTS
1. Phil_daigle 40
2. Goquoteme 20
3. Insurancestore 20
4. Ihealthbrokers 10
5. Phildaig 10
6. Quaker 10
7. Yamileth 10
View More