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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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Are releases for information signed by the patient in a Mental

Resolved Question:

Are releases for information signed by the patient in a Mental Health office under a different policy for Hippa ad allowing the release of info than regular patient? This patient is considered completelycompetent and has custody of his children, I am his wife. I went to check his medical info and before I could arrive at the office the secretary called him, told him I was coming and got a verbal order to remove me from his chart. Is this legal? My understanding is he should have never even known I called, let alone them calling and asking if I really want his info released...
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hi

Clarification please.

You were seeking medical information regarding your ex or your estranged spouse?
Customer: replied 1 year ago.


My husband, we were separated. I moved back in. His family forced me out... I went to check on the records to even see if he is taking his meds... they knew in the office we were once separated and I think the secretary knows the ex, so she just picked up the phone and called him and he told her over the phone not to give me the records... that should not have happened, correct?

Expert:  Sam replied 1 year ago.
Hi

No. That is not correct. Knowing that you were separated, the nurse had an obligation to the patient to verfiy any and all releases of medical information to you or anyone else

There is nothing illegal or unethical with what this nurse did. Nor is there anything wrong with your husband taking your name off of any medical release information

If you have other questions in this regard, please post them here. Otherwise, please rate my answer "good to excellent" so that I may get credit for my time and information. Thank you
Customer: replied 1 year ago.


we WERE separated but not anymore. We are 100% married. It was not a nurse, just an employee, and she called him to get a verbal order, simpy bc she knew I was coming (which she would not show me anything). Does he not have to sign, in writing to remove my name? She said in mental health they can do it anyway they want... (unfortunately she knows the family and this is why this happened, the purpose of the release was to be able to check his progress! And that actually was when we were separated, which we are not anymore.)

Expert:  Sam replied 1 year ago.
Hi

Thank you. I see.

No. There is no special type of release for a mental health as opposed to any other medical issue. I suggest you can report the actions of the secretary to the medical health professional that she works for as a HIPAA violation.
Sam, Attorney at Law
Category: Legal
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Experience: 20 years of experience practicing law.
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