When a divorce moves beyond division of assets to matters involving health information, privacy laws play a critical role. The best-known is the Health Insurance Portability and Accountability Act (HIPAA), which protects sensitive medical data from unauthorized disclosure.
During the dissolution of a marriage, spouses or their legal representatives may request access to medical records for purposes such as evaluating damages or determining the need for spousal support. Missteps in handling those records can lead to violations that carry serious legal and financial consequences.
What Is HIPAA, and How Does It Relate to Divorce?
HIPAA establishes national standards for the protection of personal health information. It applies to health care providers, health plans, and their business associates.
When one spouse or attorney seeks medical documentation during divorce, the provider must follow HIPAA’s procedures for authorization. Failure to obtain a valid release or disclosing data beyond the scope of that release can constitute a breach. Judges and regulators may impose penalties when covered entities ignore privacy rules in the course of marital proceedings.
When Might a Spouse Request Health Records?
A spouse may seek access to these records in several situations.
- Requests can arise when one party alleges physical or mental health issues that affect parenting, support obligations, or division of retirement benefits.
- Medical documentation can influence determinations about alimony calculations or the capacity to work.
- Attorneys may submit subpoenas for protected health information without first obtaining a written authorization.
Those actions heighten the risk of improper disclosure and place responsibility on providers and legal counsel to verify compliance.
What Constitutes a HIPAA Violation During Divorce Proceedings?
A violation occurs when protected information is shared without proper authorization or used beyond the agreed-upon purpose. Examples include providing a full medical history when only mental health records were requested or transmitting information via unsecured email.
Disclosure of psychotherapy notes without separate consent also breaches HIPAA rules. Other errors involve sending records to an incorrect address or failing to redact identification numbers. Any release that does not adhere strictly to the signed authorization exposes the disclosing party and the legal team to enforcement actions.
Protect Your Privacy With a Skilled Whitehouse Divorce Lawyer From Tune Law Group, LLC
When sensitive health records become an issue in divorce, you need legal representation that respects your rights and privacy. At Tune Law Group, LLC, our Whitehouse divorce lawyers guide clients through the requirements for medical authorizations and challenge unlawful disclosures. For a free consultation, call 908-434-1061 or complete our online form. Located in Whitehouse Station, New Jersey, we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.