By now, everyone is familiar with the new HIPPA Privacy Act which prevents the disclosure of your medical records to anyone not receiving your written permission. It is very important for people to understand that even your relatives can't obtain your medical records without your permission.
However, there is an exception and that is when you die. Upon your death, your relatives have legal authority to obtain your medical records, but there is a procedure and protocol to follow. Find out which relatives and how they did it when a gentleman asked "Can I obtain a copy of my Aunt's medical records (she is deceased) without being the personal representative" at http://www.webanswers.com/legal/estates-wills/re-us-florida-hippa-laws-can-i-obtain-a-copy-of-my-aunt-s-medical-records-she-is-deceased-without-8faad7
However, there is an exception and that is when you die. Upon your death, your relatives have legal authority to obtain your medical records, but there is a procedure and protocol to follow. Find out which relatives and how they did it when a gentleman asked "Can I obtain a copy of my Aunt's medical records (she is deceased) without being the personal representative" at http://www.webanswers.com/legal/estates-wills/re-us-florida-hippa-laws-can-i-obtain-a-copy-of-my-aunt-s-medical-records-she-is-deceased-without-8faad7
7 comments:
I have questions about HIPPA laws. Let's say a judge orders a psychological for a divorcing couple. So, psychological being done, the person has to sign a paper in order for the psychological to go to the court. The person signed because it is court ordered. Does the Judge have the right to share this psychological with attorneys and soon to be former spouse?
I'm sorry it took this long to reply to your question, but I recently moved from one state to another.
Thank you for your question. No one has legal access to your medical records unless you give them written permission. If they access your medical records without your permission, you can sue the doctor for violation of your privacy. You are protected by the HIPPA law. I hope this answers your question. Please let me know if I can help you again.
Additionally, since the judge ordered you to see that doctor, he does have a legal right to review it. However, it is still protected by law and your soon to be ex-husband has no legal right to obtain that information. Unless you give your attorney and your husband "written permission" to access your medical information, they can't legally access it. The judge has no legal right to give that information to your attorney or your husband.
Thank you MsDottie for your answer. It did happen to me, which then the ex spouse and his attorney used against me in court. Announced in court the ex was given it to read, and then he testified and gave his opinion on the results, which he determined that I was a pathological liar and crazy. It happened a few years ago, however it is still eating at me to this day. I'm sure there is nothing I can do about it at this time, because of the time past. However, you'd think my attorney would have done something about it at the time. Wish I knew then what I know now.
I'm so sorry to hear that it did happen to you. Your attorney should have immediately stepped in and stopped the reading. This was a definite breach of the privacy law. I'm further surprised the judge allowed it. This is why I try to help people with my site. I don't receive one cent but since I worked for attorneys for over 33 years, I know how they operate. Not all of them are bad.
The best thing you can do now is learn by it and let it go; otherwise it will eat you up for the rest of your life. Please let me know if you ever need help in the future and please tell your friends about my site. God bless you and take care.
You are very right with suggesting for me to move on, and for the most part I have, however, my ex and his wife are now going after one of her ex husbands with the same garbage they went after me with. I try to support him, for he is in the same financial situation as I, and they make 5 or 6 times what we make. It would be easy to just send on information from my divorce to his, but... my divorce is masked with (small town) corruption, which includes hiding the police photos which show the sort of physical damage he is capable of. These people shouldn't be able to obtain custody of the children they seek through the distruction they have caused. Also, there is a small part of me that feels if I could just expose all that went on, I could save another woman and the children from pain and injury that I and my children experienced. I know I'm not the only woman who went through this in this County.
Unfortunately this type of thing goes on all the time. The best way to help other women from going through what you went through is by word of mouth.
If you know the other woman, maybe you can contact her and become a witness or give your Affidavit attesting to his prior actions.
We can discuss this further privately if you'd like. Simply join as a follower (your email address is kept private) and we can communicate by email.
Have a nice day and thank you for writing.
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