How do I access my husbands medical records?

Asked over 1 year ago - Champaign, IL

Hi. I am trying to get my husbands medical records from before we met. the recent diagnosis of an sti has got me intrigued. Is it possible to get them even though it is out of state and if it was before we met?

Attorney answers (8)

  1. Stephen Laurence Hoffman

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    Answered . I can only guess why you are obtaining them instead of him. I cannot tell if you are divorced, he is deceased, or what.

    If you are still together and he signs an authorization form, there should be no problem getting anything. If he is deceased, you can fill out a specific Illinois power of attorney form that provides relatives of deceased people the right to obtain medical records.

    I think this sounds like you are trying to dig into his private information without his consent, which is prohibited by the HIPAA, or health privacy laws. If you are confused, see a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
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    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Judy A. Goldstein

    Contributor Level 20

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    Answered . You have no right to your husband's medical records unless he is deceased. If you want them and he is living, your husband needs top request them. This is a HIPAA issue.

  3. Lisa Michelle Esser

    Contributor Level 9

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    Answered . It is not a matter of the treatment and records being out of state or having occurred before you met. It has to do with HIPPA which only allows the patient to receive his or her own medical records. Assuming your husband is still alive and fully functioning, only he could obtain the records with a proper medical authorization.

  4. Josh P Tolin

    Contributor Level 19

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    Answered . It doesn't matter when you met your husband. The issue is why can't he obtain them with a properly executed medical authorization. If he is deceased, you can obtain. Otherwise under HIPAA laws, he can get them.

  5. Scott Douglas Camassar

    Contributor Level 16

    6

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    Answered . You should discuss this with him

  6. Nathanael Prada

    Contributor Level 12

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    Answered . Under HIPAA laws your husband should have access to his medical records regardless of their location.

  7. Christian K. Lassen II

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    Answered . A HIPAA authorization form.

  8. Lars A. Lundeen

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    Answered . What is an STI?

    In order to get copies of your husband's medical records, he will need to sign a HIPAA authorization allowing you to gain access and receive copies. Alternatively, if you are appointed your husband's guardian, you would then be able to sign a HIPAA authorization as his guardian.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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