I can tell you that here in Texas it would vary by divorce decree. Mine specifically spells out that as a joint custodial parent I have equal right to all medical information and medical decisions regarding my children -- even though they do not have primary residence with me.
I would say any WRITTEN request by a divorced parent to limit access of information to the other parent would require appropriate documentation showing that the limitation is court ordered. Jeff Jeff Kerber Director, HIPAA Compliance Texoma Healthcare System 903-416-5520 -----Original Message----- From: Noel, Linda A. [mailto:[EMAIL PROTECTED]] Sent: Monday, February 17, 2003 10:10 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: PHI and Divorced Parents It would depend in some states how the parenting agreement is written by the court. If a parent has "sole" custody then it would seem that the non-custodial parent could not obtain the minor's information unless the parent with "sole" custody would give permission as the legal representative (and parent) of the minor child. Linda Noel Corporate Privacy Officer Corporate Compliance Orlando Regional Healthcare 321-843-8693 -----Original Message----- From: Catherine Lohmeier [mailto:[EMAIL PROTECTED]] Sent: Monday, February 17, 2003 10:33 AM To: WEDI SNIP Privacy Workgroup List 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 --- The WEDI SNIP listserv to which you are subscribed is not moderated. 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