Denver, CO asked in Child Custody, Family Law and Health Care Law for Colorado

Q: Hipaa privacy rules in regards to minors of divorced parents.

I have a court approved, filed parenting agreement for my 4 year old son. I am designated the primary custodial parent with sole medical, dental, and mental health decision making. My son recently had to have 2 teeth pulled due to defects in the enamel that originated at birth. I filled out the forms at the dentists office with my information only and did not add or include any details from his father. His father is required to carry dental insurance (secondary to my coverage) for my son. His father was able to call the dentists office, talk to a billing clerk and find out inaccurate billing information, as well as getting her "opinion" on whether or not he needed anesthesia. He in turn is now refusing to reimburse me my already paid out of pocket expenses, which is written into our custody agreement as a 50/50 split. Did the dentist violate hipaa privacy rules and what recourse do I have now with the dentist office and father?

1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: Your ex still needs to pay his court ordered share of the bill. Since you have sole decision making authority, you can decide with the dentist about treatment. You can request judgment against him for the unpaid amount or cite him for contempt of court. I do not know anything about remedies against the dentist.

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