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. --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If 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. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If 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. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org