My ex mother-in-law took my son to an eye doctor yesterday for an exam and eye glasses. She did not notify me of this until I stated he had an eye appointment on Monday. I called the facility to retrieve the doctor's recommendations and prescription and was denied access due to HIPAA. I have to appear in person for them to consider giving me my son's medical information. I live three hours away in another city. I have custody of my son and my son has established physicians in the city in which we live. My ex mother in law overstepped her boundaries, but how do I get my son's medical record's without having to drive 6 hours to get them? Doesn't HIPAA state a person other than the legal guardian must have power of attorney or written permission to take a child to the physician?
You can request the records in writing and you need not appear in person. Ask the ophthalmologist's office to fax you an appropriate HIPAA form which you can sign and return to them, requesting the records.
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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.
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