Question:
Does a parent who does not have legal custody of a child have access to his or her protected health information?

Answer:
It depends on the circumstances. Clearly, if a court terminates a person's parental rights, the person is no longer deemed to be a parent under Wisconsin law, and therefore, would not have permission to view the child's protected health information.

If a court has not terminated a parent's parental rights, but has denied the parent the right to physical placement, then it might be appropriate for the clinic to prevent that parent from viewing the child's protected health information. (See Wis. Stat. § 146. 835) The clinic remains in the position of asking the following questions when presented with a request to deny access to a child's protected health information:

• Who is asking for the denial of access and what, if any, documentation has the person provided to support the assertion that denial of access is appropriate? Supporting documentation would often be a court order or other legal document.
• Does the court order terminate parental rights or deny rights to physical placement? If there is no legal basis for the parent's request for denial of access to the other parent, has the clinic informed the parent of its legal inability to deny access to the other parent unless there is a legal basis for doing so?

Unfortunately, court orders are not uniform. In some instances it might be difficult to interpret the order. In many cases, it might be necessary for the clinic to have its attorney review the court order or other document and advise the clinic on the appropriate course of action.

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