This gets into a sticky wicket.

It appears to me that the custodial parent would be the child's
representative.   There are many situations in which it would not be
appropriate for the non-custodial parent to have access to PHI.

This may get into the venue of State laws.

Rebecca Cowling
HIPAA Director
GovConnect, Inc.
[EMAIL PROTECTED]
214-914-4556


----- Original Message -----
From: "Catherine Lohmeier" <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Monday, February 17, 2003 9:32 AM
Subject: PHI and Divorced Parents


> Can PHI concerning a minor child be release to both parents even
> though they are divorced?
>
> Excluding the circumstances of individual state law that allows minor
> children to receive some medical services without notifying parents,
> I say yes both parents though divorced can receive PHI about their
> children as HIPAA does not designate the custodial parent as the sole
> personal representative of a minor child.
>
> Any flaws in my logic?
> Catherine Lohmeier
> Sr. Business Consultant
> PCI: e-commerce for healthcare
> ph. 402-304-1918
> www.hipaasurvival.com
>
>
> ---
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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions 
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you wish to receive an official opinion, post your question to the WEDI SNIP Issues 
Database at http://snip.wedi.org/tracking/.   These listservs should not be used for 
commercial marketing purposes or discussion of specific vendor products and services.  
They also are not intended to be used as a forum for personal disagreements or 
unprofessional communication at any time.

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