Can a non-custodial parent find out how much the custodial parent was reimbursed by secondary insurance carried by the custodial parent?

Answer

If you as a non-custodial parent are having to pay half of the medical expenses and you know he/she has secondary medical insurance, I suggest with the primary and secondary insurance, you require a copy of the Explanation of Benefits (EOB) that insurance companies provide when they process a claim from your former spouse. These are standard issue throughout the insurance industry and are the "gold standard" that all medical billing is paid by. It clearly states what is paid by insurance and what is paid by the patient. If your former spouse refuses to provide you the EOB's (Explanation of Benefits) documenting the request to pay your portion, I would refuse to do so until you are provided the documentation. It is a reasonable request. I would not pay any medical and/or dental bill without an EOB.

In addition, even though an insurance company may not give you the info under HIPAA, under Family Code 3025 in CA, the medical provider cannot deny you access to their records. You can also obtain billing and payment information that way.

I suggest you go to the State Bar website in your state and look thru the family law codes to see if this same or similiar code exists.== Answer ==

Yes, but in can be very tricky with HIPAA privacy laws.

In CA Family Law Code 3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent.

Says you can.

Answer

If this can be found out, how does a noncustodial parent go about doing this, when there is opposition from the custodial parent? As well, you cited a California code, is this acceptable in other states? The problem I have relates to issued within Tennessee.

Answer

No, it really does not say that the non-custodial parent can have that access. It says the parent can have access to medical, dental, and school records. It does not say that the non-custodial parent can have access to payments made by the insurance company. If I gave any information to a non-custodial parent other than general company information, I or my company would be subject to large HIPAA fines.

In fact it is within the custodial parents rights to block the account from the non-custodial parent. Imagine that a non-custodial parent, no matter how much they claim to be in the best interest of the child were allowed to have access to current address or phone number information. What if the courts had taken away those rights. The health insurance company wouldn't know about that and could be endangering the life of the child.

Answer

What if this secondary insurance effects the amount that the noncustodial parent is liable to pay for unreimbursed medical expenses. The custodial parent is not relinguishing the information of the secondary insurance although according the domestic relations guidelines she can not request reimbursement for unpaid medical expenses until claims are filed with ALL available insurances. I know that she has the insurance I was able to verify that specific information over the phone, but wasn't able to get anything in writing to show to the courts. I'm currently paying on orthodontic bill and I know that if this additional insurance payment were applied to bill it would eliminate a huge financial responsibilty on myself as well as her, but I beleive she may be filing a claim and receiving the money directly and not applying the reimbursement from the insurance to the bill and continuing to collect from me...double dipping in other words. What can I do???

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