Sorry for the delayed response.  I hope you have found your answer by
now.  Here is the situation as it applies to my state.

In Oklahoma our state statutes give both the custodial as well as the
noncustodial parent right to the medical records of their minor children
unless this right has been removed by the courts.  In such case the
custodial parent would have to present these papers to us before we
would know of the restriction.  We handle these requests with "good
faith" unless given this information in advance.

>>> <[EMAIL PROTECTED]> 2/11/03 12:19:48 PM >>>
Hi,
  I am a compliance consultant involved in helping a number of
counties
pull policies, procedures and guidelines together for HIPAA compliance.

In our Release of Information guideline that we are working on there is
a
statement as follows:  "Clarify whether divorce agreement is in place. 
If
so, and parent does not have legal custody of the child, records are to
be
withheld." We are having a hard time finding a reg that backs up this
statement.  Does anyone have information regarding this?  All opinion
and
suggestions are welcome.

Thanks,

Bonnie Pecka
Health Care Compliance Enterprise, L.L.C. 

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