Q: Understand there are HIPPA rules and regulations for children over the age of 18. Health insurance company mailed information regarding medications (exact name of medication is named in letter) to father. (Kids do not live with their father.) Isn't this a violation of HIPPA laws?
The insurer will not talk to me (mother) regarding anything (even simple claim status) since the kids are over age 18.
A: David's Answer: I'm not quite sure of the exact provision you're addressing within HIPAA, but this is from HIPAA's official website: "A health care provider also may share information with these persons if, using professional judgment, he or she decides that the patient does not object." (http://www.hhs.gov/ocr/privacy/hipaa/faq/disclo...). As such, because your "children" are actually now adults, if they have an objection to the disclosure, they much communicate their objection to the Doctor(s) involved - and preferably confirm same in writing so it's documented in their medical file. -- David Bliven, Westchester Family Law attorney
(www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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