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Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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When is telling a spouse inpt psych details not a HIPPA

Customer Question

When is telling a spouse inpt psych details not a HIPPA violation. She gave NO share info signed document to [email protected] Husband seeking divorce!
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please clarify what happened? Did your spouse simply ask your psychiatrist for your records, and your psychiatrist agreed? Is that what happened? Or, did your spouse send a subpoena? Also, what state is this in, please?

Please be specific. Thank you.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
In speaking with psychiatrist my daughters husband was simply asking for a general update(a Lt Col. USAF) was taken aback by specific dx information & pt childhood trauma issues...he did not ask, no legal request made. He was surprised then talked to divorce lawyer if info could be used apparently lawyer didnt think that was a good idea. Didnt stop The Col. To launch a character assination with his wifes step family, pastor,ect. My daughter recieved medical records which should have included all conversations between facility Docs,MSW,nurses&anyone in&outside facility, the records were not inclusive! 30+days of records 50+pages. Im a retired RN. My 14 y.o. Grandson heard some of this info&is devistated.
Expert:  Ely replied 11 months ago.

I am sorry, but I cannot follow the above. Is there any way you can please clarify? This means using names or titles (not real ones) such as "JIM was surprised" instead of "he was surprised," and also using punctuation so I can follow your train of thought?