Can My Wife Request My Medical Records In A Divorce Case?

medical records divorceQuestion:

My wife’s divorce attorney has requested I sign a healthcare and HIPAA release to access all my medical records.

Is this valid or a violation of medical privacy laws?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

If there are children involved in a divorce, then it is common for a party to request the release of the other party’s medical records. Courts have long held that a party who is contesting or litigating the custody of his or her children places his or her physical and mental health in issue.

Accordingly, most courts will consider a request for the release of the other party’s medical records a reasonable request and will enforce it. Many times, if a party refuses to sign the authorizations, then the court will order that he or she sign them.

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If custody is not an issue in your divorce, then there are limited circumstances in which it may still be appropriate and acceptable for the other party to request the authorizations. The details and circumstances surrounding your case would determine whether the request is appropriate.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Sarah J. Merry, contact Cordell & Cordell.

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