Legal Question in Personal Injury in Massachusetts
When a party to a suit executes a HIPPA release so another party can obtain her med. records, what limits are there on redisclosure?
Parties A & B are in the middle of a divorce. Party A has asserted a claim for alimony, based, in large part, on her contention that her prospects for becoming self-sufficient are "iffy" at best. She has numerous medical & psychiatric conditions, which make lasting, gainful employment on her part uncertain. Party B's atty sent HIPAA forms 2 Party A, asking her 2 release her med. records to said atty, since Party A has placed her physical & mental health @ issue. Party A executed the HIPAA forms. Party A is now concerned that once Party B gets her medical records, Party B is under no constraints as far as the use/redisclosure of these records. Other than for use @ trial, can Party B disclose the med. records to 3rd parties, or is Party B under an obligation to keep records confidential?
2 Answers from Attorneys
In this sitation, I usually draft a HIPAA protective order which I have the judge approve. This order prevents redisclosure. Without an order from a judge there is no protection.
I am baffled by this. Would you not ask your divorce attorney this question?
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