Do I have a right to ask that insurance be carried by my ex-husband personally and not carried by his wife?

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Do I have a right to ask that insurance be carried by my ex-husband personally and not carried by his wife?

I have primary care and custody of my son. His father has not seen him in 6 of his 7 years of life and has since remarried. Child Support Recovery is allowing the new wife to carry the health insurance the court requires my exhusband to provide for my son. Her name is all over my son’s medical records, and the providers refuse to change them because the insurance is carried by the new wife. They have even pointed out that she will receive explanations of benefits and I’m concerned that medical information will be released to this woman who has never met my son and has no legal rights to him. Does HIPA prevent her from getting medical info?

Asked on November 19, 2012 under Family Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First HIPPA would have no application with respect to the matter that you are writing about concerning the wife of your son's father. Second, you can request the court that your son be placed under a policy of the "ex". However, from what you have written about, it appears that your "ex" has insurance for medical needs under his spouse's policy and not his own. If you want your son to have medical insurance, then you might be required to have it through your "ex's" spouse.

I suggest that you consult with a family law attorney further on this matter.


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