My wife is undergoing medical treatment under a group health insurance plan thru my employer. I am the primary member and have designated her as a dependent under my coverage. I have been advised that despite HIPPA and privacy act requirements I am entitled to have access to her medical records without a signed waiver or release because the services were billed thru and paid by my insurance plan and as the primary member I have the the authority to review medical treatment for all dependents covered under my plan. Can anyone offer any comments on this?
2007-08-06 03:58:04 · 8 answers · asked by funguy2764 1 in Politics & Government ➔ Law & Ethics
You are allowed to see the bills, but she is an adult. The actual medical records are between her and her doctor. You cannot legally see any of that without her permission.
With that being said....If she is your spouse, why wouldn't she let you?
2007-08-06 04:11:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1
2016-05-28 19:00:33 · answer #2 · answered by Annie 3 · 0⤊ 0⤋
like some of the previous answers have stated, as the primary member on an insurance plan you can review the bills since you pay for the insurance coverage, however you are not authorized to obtain a copy or view anyone else's medical records (what the doctor's office produces and retains) unless you are the dependent's legal guardian. Which in this case, you are not your spouse's legal guardian. Therefore, all you can "see" is the insurance company's EOB or "explaination of benefits."
2007-08-06 04:19:59 · answer #3 · answered by viscontc 2 · 1⤊ 0⤋
I was going to bring up the point that a primary member has the right to view dependent records, such as father and son.
so, I don't see a problem with husband to wife, altho' I am sure that the AFL/CIO may have some "privacy" issues to go to court about....
2007-08-06 04:02:37 · answer #4 · answered by wi_saint 6 · 0⤊ 0⤋
You can only view the records if she signs a release form. I am listed as a dependent on my husband's health plan. I had to sign a release to enable him to have access to my medical records.
2007-08-06 05:01:45 · answer #5 · answered by mnwomen 7 · 0⤊ 0⤋
No you aren't able to look at her files that is still covered under the privacy act who ever is telling you different could be in a lot of trouble. She has to give you permission to look over her records. I am Military and I can't look over my husband records even though I cover him. Hope you get it all figured out.
2007-08-06 23:05:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
WRONG! She, as a patient, is entitled to have her records kept private. The group insurance plan will get records because they are needed for payment but would subject themselves to possible legal action if they disclose any information received to anyone to whom they have not been given explicit permission to release it.
Check here: http://www.hhs.gov/ocr/privacysummary.pdf
2007-08-06 04:12:53 · answer #7 · answered by Tom K 6 · 1⤊ 0⤋
Advised by whom?
You're out of luck as far as I know
I'll bet you have the right to review MINOR dependants, not your spouses.
Sounds like you have a trust issue.
2007-08-06 04:01:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋