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    Gia Alasandra's Avatar
    Gia Alasandra Posts: 1, Reputation: 1
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    #1

    Jan 23, 2010, 10:42 AM
    Is it a HIPPA if my spouse uses medical records in court?
    I have been with my spouse for 10yrs and she and I are in the middle of a custody battle of a child that is both legally ours. My mother died tragically 1.5yrs ago and I had an episode of medications that may have caused this and I stated to police I wanted to be with my mom. I was completely out of it and they stated I was suicidal-I was forced to sign myself into a psychiatric ward-I was released in 2 days and they realized my diagnosis suggested I was not suicidal, but depressed due to death of mom. My spouse was able to get that medical record from my car and use it for the court hearing stating I am a threat to my son and that I do not have any time alone with him. Is this a HIPPAA? If so, why would the court allow her to use that against me? She also had me on her benefits and copied all medications I filled in 1.5 yrs and said I was a drug addict .All medication I had was legal. Is that a HIPPA? I never authorized her to have access to them or use them- even though she can view them under her prescription plan. Please help. I am in NJ if that helps.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 23, 2010, 11:27 AM

    No, your wife is not subject to the regulations of HIPPA. It regulates care providers, insurers, etc.

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