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How do I access my husbands medical records?

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?

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Attorney answers 8

Best Answer
Posted

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
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Asker

Posted

I do not see how it is private when we are married. nothing is private once you sign those death trap papers. unless pre-nup of course. we are still married. he is full alive. your right I am digging. he will never consent. thanks for your response though. I am going to dig deeper..

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

HIPAA is a federal law. Your husband can sign a form and allow you, or anyone else he designates, to obtain his medical records. My clients in injury cases do this all the time so I can obtain their medical records. But, just because you are married does not mean you can obtain his medical records without his consent. Otherwise, if a provider violates this law, they are violating federal law. HIPAA was enacted to prevent people from obtaining your private health information.

Posted

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.

Asker

Posted

can I subpoena for it?

Lisa Michelle Esser

Lisa Michelle Esser

Posted

No. You would still need to send a signed HIPPA authorization from your husband with the subpoena.

Posted

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.

Posted

You should discuss this with him

Asker

Posted

yes he is alive. I have tried to discuss my needs for this with him. he refuses to agree. so unless he agrees or is deceased there is no hope for me?

Scott Douglas Camassar

Scott Douglas Camassar

Posted

I don't know if IL law has any exceptions, but generally only the patient or "patient's representative" is entitled to the records.

Posted

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

Asker

Posted

okay. thank you to everyone who reponded

Posted

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.

Posted

A HIPAA authorization form.

Posted

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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