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Can a childs doctor in California, reject any request for

 
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Customer Question

Can a child's doctor in California, reject any request for information to the Mother of her 12-year old patient?

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
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Submitted: 314 days and 15 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  PaulMJD replied314 days and 14 hours ago.

Is the mother a legal guardian of the patient?

Customer replied314 days and 12 hours ago.

She shares custody of the child withthe father.

Accepted Answer

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Expert:  PaulMJD replied314 days and 12 hours ago.

If the mother has legal joint custody and there is no order in the custody forms stating the mother is not entitled to the information then the doctor may provide information. HOWEVER, there is no law in CA stating that they MUST provide information and in fact if the father has filed a HIPAA form, which is required for all medical care, and did not list the mother on the HIPAA form as authorized to have the information, then the doctor CANNOT release the information to the mother and the mother actually has to go to court with a motion for an order to show cause and get the court to issue an order that she be added to the HIPAA release for the information.


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Category: Legal
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Answered: 8/9/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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