Legal Question in Family Law in Pennsylvania

Hippa question

my son is seeing an orthodontist who has informed me that he will not give me a copy of my son's bill because my exwife signed a contract and he states that this will break hippa law. my exwife and wife both cover my children for dental. our divorce agreement is i cover the kids for medical and dental will be split. Am I or am I not entitled to a copy of this bill according to hipaa regulations.


Asked on 8/25/04, 2:13 pm

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: Hippa question

The provider of professional services owes the duty of confidentiality and records privacy to the person who contracts for the services and is only permitted to share the records with those authorized in writing by that person. This does not mean that another person does not have a right to see the records - it only means that the doctor cannot release them without proper authorization. If a custody order or agreement gives someone the right to this information, it should either be provided to him by his wife, or she should authorize its release to him from the orthodontist. The fact that a support agreement requires a parent to pay for medical or other treatment does not automatically entitle him to these records.

In any event, your dispute is with your wife for withholding the information, not the orthodontist who is under a duty to do so until authorized to release it.

Ilene Young, Esquire/ Civil & Family Practice/215-444-0445

NOTICE

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 8/26/04, 7:40 pm


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