Does a doctor have to release medical records from the last 5 years? My mother stopped seeing a doctor about a year ago. She has been without a PCP. She just procured a new one and was asked to get her medical records. Her old doctors office told me today that those records will include 2 years worth of documents ( from today ) so essentially i years worth of documents. She was with that doctor for 5 years. Is it not the law that doctors have to keep records for 7 years? Is it also not the law that they need release those documents? What can I do to pursue this and make sure she is able to get the full breadth of medical history
One approach is to direct their attention to this publication from the NY Dept. of Health. It says "Physicians and hospitals are required by state law to maintain patient records for at least six years from the date of the patient's last visit". There is also a PDF printout which you can hand to them. If they still absolutely refuse, the publication explains about the appeals process and the consequence to the doctor, but it also provides some "rationalizations" that the staff-person might invoke (for example "Yes, but we charge for copying, I thought you meant for free" – they can charge up to 75 cents per page). There is no legal basis for their 2-year conclusion.
The title asks about double jeopardy, but the the body seems to be asking about statute of limitations, which is a separate issue. If an argument regarding timeliness is made by John, it likely will not be based on a statute of limitations. If Jane is asking for a restraining order, she will have to show a high likelihood of harm. If further actions have occurred recently, then any statute of limitations would not apply. If four years have gone by without any further actions by John, then Jane is unlikely to convince a judge that harm is imminent. Restraining orders are not supposed to be punitive, but preventative, thus the concept of statutes of limitations generally does not apply; as they are supposed to be used to prevent imminent harm, only the current situation is considered. Long-past actions are relevant only as to interpretation of current facts. One does not get a restraining order "for" violent acts done against one; one gets a restraining order to prevent future acts, and uses previous violent acts as evidence of the likelihood of those acts. Asking a court to protect oneself from someone who has not been in one's life for four years is unlikely to go over well.
Late to the party, but I'll answer anyways. In general, providers have a lot of wiggle room when sharing information with parents, on condition that the patient hasn't explicitly objected despite having opportunity to do so. HIPAA allows the provider to make a judgment call on whether such information can be shared without explicit consent: Quoting Title 45 § 164.510 : (i) Obtains the individual's agreement; (ii) Provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection; or (iii) Reasonably infers from the circumstances, based the exercise of professional judgment, that the individual does not object to the disclosure. HHS does discuss disclosure to family members in their FAQ : A covered entity is permitted to share information with a family member or other person involved in an individual’s care or payment for care as long as the individual does not object. A parent of a child who has just turned 18 is likely still somewhat involved in the child's care, so, absent either an objection or a reason to believe the child would object if asked, sharing is probably not a violation.
The general rule is that the ability to have a valid divorce has nothing to do with where the marriage was entered into, or the citizenship of the parties. Usually, any jurisdiction with sufficient contacts with either member of the couple has jurisdiction to enter a divorce. Hence, generally, people get divorced in the place that they live. The problem in this scenario is step 5. I think that it is highly likely that the U.S. Embassy is simply wrong, unless there is some serious irregularity in step 4. An annulment after four years of marriage, as opposed to a divorce, is highly irregular and would not be allowed in the vast majority of jurisdictions. But, maybe there are facts and circumstances that make it otherwise. This fact pattern, while it on one hand sounds like a "for a friend" question based on real facts, also sounds like some important details that may be outcome determinative have been omitted.
Not that I am aware of. A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails. With physical mail, it is a crime in most countries to intentionally interfere with mail that is not addressed to you. For example - Australia. However, this is statute law and as such does not extend to emails - even if it did, if you own the domain then you are the person to whom it was addressed. I note that you seem to misunderstand "confidential" - this only arises in the context of a special relationship between the person transmitting the information and the person receiving it. Usually this is a contractual obligation between A and B but it can be imposed by law (e.g. doctor-patient, banker-client, lawyer-client, GDPR etc.). If A sends confidential (as between A &amp; B) information to C, C is under no general obligation to keep it confidential if C has no relationship of confidentiality with A or B. If C discloses it and B suffers damage, B sues A for breach of confidence (or the government prosecutes A for breaking the law); B has no case against C. For your situation, where B has allowed A to send the information to an obsolete address then B has contributed to the breach to an extent that B would be extremely unlikely to succeed in a suit against A.
Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior Court records are open to inspection. Court case files are public records and subject to public inspection. California Rules of Court, rule 2.400(a) states that all papers in the court files may be inspected by the public in the office of the clerk. Rule 2.550(a) says that unless confidential or sealed by law, all court records are presumed open. However, again, this does not impact a criminal history report retained by law enforcement. To get the conviction literally removed from the criminal history report, the defendant will typically need a court order directing the law enforcement agency to remove the arrest and/or conviction. For example, in California, if the defendant can prove there was no reason to have arrested the defendant in the first place. Specifically, Penal Code section 851.8 (b) requires “any law enforcement agency” to destroy their records. “[Penal Code] section 851.8 is for the benefit of those defendants who have not committed a crime. It permits those petitioners who can show that the state should never have subjected them to the compulsion of the criminal law -- because no objective factors justified official action -- to purge the official records of any reference to such action. . . ...” (People v. Matthews (1992) 7 Cal.App.4th 1052, 1056.) (Emphasis added) In People v. Scott M. (1985) 167 Cal. App. 3d 688, 700 [“Section 851.8 is for the benefit of those defendants who have not committed a crime.”].) Factual innocence may be determined based on circumstances at the time of arrest or any meritorious defense. Recent case law establishes the pivotal time for viewing the evidence is when the motion is heard. The statutory language “necessarily means that the existence of reasonable cause depends on the current evidence rather than simply the evidence that existed at the time that the arrest and prosecution occurred.” (People v. Laiwala, 143 Cal. App. 4th 1065, 1068 &amp; n. 3 (2003) (emphasis added). Keep in mind in California, &quot;expunge&quot; does not mean to seal or destroy, but officially dismisses the conviction - leaving the public record intact. The best place to start is contacting your local public defender and ask about post conviction relief or record sealing if your arrest did not result in a conviction. Getting free advice never hurts.
Businesses only keep transaction data for as long as they have to For a live loan account they will keep transactions while the account is live and then for as long as local law dictates (it varies but 7 years is typical). For transaction accounts it will generally be only for as long as required by law - typically what is required by tax law (again 7 years is typical) or as long as you can sue them under statues of limitations (2-5 years). Banks (and other businesses) do not keep records indefinitely. 10 years seems more than necessary.
Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis. In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year old child could choose with which parent to live, unless the judge determined that the chosen parent is unfit. As proving that a parent is unfit was not always easy, the Georgia General Assembly in 2008 replaced the unfit parent standard with a Best Interests of the Child Standard. This new standard provides more flexibility to the judge in determining custody. Some basic facts about how the law in relation to the child's selection of parent: A parent that wishes to modify an existing custody arrangement must show that a material change in circumstances has occurred that warrants a new decision by the court. If the child is 14 then the child's desire to select the parent may be considered as the "material change in circumstances". However the court will only consider the child's choice if at least two years have passed since the last custody determination. These aspects of the law can be seen in Georgia statute 19-9-3, article 5, which states: (5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply. Note that the expression "The child's selection for purposes of custody shall be presumptive unless..." is the same as saying that "the child's selection shall be controlling (the decision) unless...". As to children that are between 11 and 14 the law states as follows (Georgia statute 19-9-3, article 6) (6) In all custody cases in which the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate. (Note that a "guardian ad litem" is the same as a "legal guardian".) If the child is younger than 11, there is no expectation for the judge to consider the child’s preference when awarding custody. Besides the desire of the child, the judge may consider following factors listed under Georgia statute 19-9-3, article 3: (3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to: (A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (D) Each parent's knowledge and familiarity of the child and the child's needs; (E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; (F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (I) The mental and physical health of each parent; (J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities; (K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (M) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (O) Any recommendation by a court appointed custody evaluator or guardian ad litem; (P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (Q) Any evidence of substance abuse by either parent.