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-   -   HIIPA laws and divorce (https://www.askmehelpdesk.com/showthread.php?t=104722)

  • Jun 27, 2007, 05:56 AM
    cobyk2
    HIIPA laws and divorce
    My spouse's attorney has included a demand that I divulge all my medical and psychiatric records for the past 10 years as part of the interrogatories. Does HIIPA law protect me from having to do this? It's not a criminal trial -- I didn't kill anyone -- just tired of an abusive husband. Thank you so much for any help.
  • Jun 27, 2007, 12:31 PM
    tawnynkids
    My ex tried the same thing. Not only did he not get mine he did not get the kids (well I didn't have to provide it him as their father he had the right to get it himself). He still tried to force me to provide it though. We objected and he fought it and took it to the judge on a Motion to Compel. The judge denied it and sanctioned him on top of it for making me fight it. You will absolutely need to check with your lawyer, if you don't have one I suggest you get one quick! The circumstances in every case vary, are unique and specific so you really need to check with your lawyer. But it is possible you do not have to provide that. His interrogatories are simply a request for information from you by his lawyer but he does not always have the right to all the information they ask. Only your lawyer can tell you if that is the case and can provide the solid case objections you will need to present to uphold that decision by a judge.
  • Jun 27, 2007, 12:48 PM
    Fr_Chuck
    If the judge orders you, you will have to, your attorney needs to refuse the information

    Both sides asks for all sorts of things, this is how it happens, and then it ends up in court.
  • Jun 27, 2007, 12:54 PM
    ScottGem
    This is not covered under HIPPA. HIPPA protects against the unauthorized release of information to someone. You are involved in a legal situation where its up to a judge to decide whether the information will help the other party's case. Of course the attorney is on a fishing expedition and judges tend not to like that.
  • Jul 2, 2007, 05:49 PM
    cobyk2
    Excellent advice, thank you -- cobyk2

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