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