Envoking HIPAA to side-step the court order?

[Nope]

Here is an interesting question. And I think one that is pretty important given the nature of BPD as a mental health issue.

uBPDm was court ordered in the custody finding to immediately get counseling and provide DH with proof that she has done so. She never complied and we are currently taking her to court for a Show Cause for not complying. It's been 2.5 years. Her L is arguing that she should not be forced to give DH any evidence of her counseling or attempts to find counseling due to HIPAA (privacy laws). If this is true, how can any non enforce any motion that has to do with having their BPDex in counseling? I know several people here have done so successfully.

[flourdust]

I'm not a lawyer, but I think her lawyer is full of crap. HIPAA protects patients from having their records released by health care practitioners. It doesn't protect them from having to release their own records if ordered to do so.

[Sunfl0wer]

Um, yea, this sounds like a crock.

HIPPA does not apply to someone releasing their own info. 
HIPPA is the way your healthcare professionals manage, and share your data.
This is what the healthcare workers are bound to.
Not what the individual is bound to.

This sounds rediculous.

Simply put, she is saying:I dont want to, it is personal.
My answer would be: Well, the court order says you would provide proof of having attended, so you are in violation, my L will take the next step.

[Panda39]

There seem to be situations where records can be released by court order... .
https://www.hhs.gov/hipaa/for-professionals/faq/disclosures-for-law-enforcement-purposes

But you aren't asking for her medical records only confirmation that she is receiving therapy.  

It seems to me that she can make that argument but in doing so she is not acting in the best interest of her child and she is not following a court order. I would think the judge would not be too happy with her non-cooperation.

Panda39

[Nope]

Thanks for the responses! According to our L, this judge was only elected a little over a year ago and is not so great with questions regarding rules of law. The uBPDm's L seems aware of where this particular judge is weak, so saying HIPPA supercedes a court order could sound very convincing to someone who may not know what all that means.

Thankfully, UBPD admitted in discovery that she hasn't gone but now says she has an a first appointment a week before court. (The order required her to immediately enroll in counseling 2.5 years ago.) Her big excuse is that she was pregnant and working a lot and had other children to attend to so she didn't have the time. But if she refuses due to privacy concerns to give us any documentation then she can simply walk in and say "I went once and the counselor said I'm fine and don't need to be here."

I just hate counting on a new judge to get it that that isn't good enough.

[flourdust]

FYI, folks, it's HIPAA, not HIPPA. Easy mistake to make. Just remember it's the one that's not like a hippo. 

[ForeverDad]

That was a claim my ex made, both with our pediatrician when I was seeking son's medical records and when I was seeking records from the quasi-agency providing child counseling services.

The doctor referred me to their in-house lawyer.  They refused to tell me any details about why they "withdrew services" when my ex had temp custody but just about fell over themselves providing me with the complete records.

The counseling place was a more difficult nut to crack.  After a year of obstruction with refusals to provide information because I was "likely to be a danger to the health or life of said child or others", My lawyer filed for an order to force the agency to release our child's records.  They refused because stbEx claimed her HIPAA rights to privacy.  (She wasn't getting counseling, our child was, but I did later find out she was making allegations against me while there.)  Court made my lawyer research the HIPAA issue.  The order was granted and the agency provided over 200 pages of records.  Clearly they just wanted official clearance to comply because stbEx was claiming fear of retribution, etc.  My lawyer later told me other lawyers called him asking how he got the order, he gloated about that.  If your case is still in the orginal court your lawyer can call my lawyer.