D a couple of weeks ago. They always would inform my ex and me when he was sick in the hospita. No one has legal guardian ship or power of attorney. We just never a problem before. Hi Suong and sorry to hear about the difficulties you are having. Most of the issues with consent and capacity that I work with are in older adults who have had changes in cognition due to dementia.
Can a covered entity sign my name on a records release in order to get outside medical records on me and be held accountable for this? The information they requested when signing my name to get it was probably information they could have legally received with out my consent, but I was told that I signed the consent forms in person in the release of information office, when I did not sign any of them.
If I am understanding you correctly, a healthcare provider signed your name on a release form to get some health information? And claimed that you actually signed the forms? That does not sound right, and I wonder if there is a misunderstanding. I am in a crisis situation with my mother who is 86 and most recently developed a kidney infection complicated by sepsis.
She was in hospital 4 days after which my daughter discharged her and took her to a rehab facility and refused to tell me where she was. I am next of kin to my mother, her eldest child and for the past 16 years her primary caregiver.
I live with her in order to take care of her. Unfortunately, I could never convince my mom to file a Medical Power of Attorney years ago and due to her diminished state she cannot make her own decisions and is now being influenced by what someone else is relaying to her. Hi Debra. That must be a very distressing situation for you. If there is no power of attorney established, then there is a decision maker hierarchy which places a spouse first, then a parent or child. Is it possible your mother is capable?
Or that she has given POA to your daughter? I am not incapacitated at all not that old and in great health and my oldest son wants to know when my appointments are. If he calls the clinic, and asks if I am a patient at that clinic and wants a record of my appointments, will the clinic give this information to him?
Riddle me this. If there is one, would any offense here be deemed a firable offense. Please Help with your advise. A is a patient of Dr D. A has her appointment with Dr. D, and then Dr B asks employee E how it went. This type of thing happens very frequently and whether or not it is an offence that would lead to someone being fired depends on the policy of the clinic, as well as the regulations of Dr.
In my experience, Dr. B, and anyone who disclosed health information about A would probably get a censure from their administrator and have to review the privacy regulations at their workplace. Now you are saying because it is his wife, he cannot look at the chart to determine why, but if it were not his wife he could. Is this correct? If so could you please reference the law that states that if a patient is immediate family to an employee their chart cannot be viewed by said employee even though the employee is acting in within their capacity as an employee in the care of the patient who just happens to be immediate family.
Thanks for helping me to clarify this question. Hi John. The wife could also provide a written statement to the clinic indicating that she is OK with having her PHI shared with B, or give permission orally, preferably with a witness to keep it all above board.
Does he not have the right to be able to get updates on his status being his only son? We do not know if a power of attorney exists. I received word from several confirmed sources that my sister, who was an addict, living in the streets and estranged from the family for years, has passed away.
I have been advised that there are several sources who have attested to this. I was also told that her body was in the morgue waiting to be identified. I called the city medical examiner and they told me that they have no one fitting her description there and advised me to check with local hospitals and suggested filing a missing person report. If there are no such relatives then you may be entitled to claim her remains. Filing a missing persons report might be helpful if that is what the medical examiner recommended.
Hope it works out. I have a father who we believe has some form of dementia. He has previously signed a form at his primary care physicians office granting me access to all his medical information. Recently there was an accident and he was taken to the hospital and his mental health has taken an enormous decline and he is not able to communicate his consent to release information to me.
Will the form that he signed at his primary care physicians office cover me for anywhere or just cover me for information through the primary care physician? I would ask the hospital if getting a copy of that form would help. My father was diagnosed with dementia in November Suspicious activity has occurred since then.
Not one month after he ends up in the hospital with broken bones in his face and a hematoma at the front of his brain. I spoke to two nurses by phone. They gave me 2 different stories of how he got hurt. One was told he bent down to pick up ball and fell and another was he was walking the dog and fell. His wife, power of attorney forbids the hospital to give information to anyone but her and her daughter.
I called and talked to him. He can say yes but attempts to speak sentences. I dropped off candy to be delivered to him. Next I hear the wife changed the will and forbids the nursing home from letting us talk to him. Their excuse hippa act based on power of attorney. Is that legal? It sounds like a very difficult situation. It seems like a bit of a stretch to say that due to HIPPA a hospital could not accept gifts or visits, although accepting the gift would imply divulging that he is in the hospital…which is a piece of health information.
If there is a way to request a meeting with his doctor, or with staff at his home, that may be a way to begin.
I have shared with my friend who is my doctors wife about a chronic condition in the past but then she started working in his office and now has been too much in my buisness and twisting things I say and questions I ask him related to that condition.
He was always very conscious of not saying information in front of her without my permission but now I suspect they are talking about me behind my back. Is he allowed to talk to her about my case because she works there now? Do I have the right to inform him that I want info to her kept at a minimum? If she is part of your health care team like a nurse or pharmacist then she may have a need to know your medical information.
Otherwise, health information should not be shared. If you are uncomfortable, you may be able to put additional privacy safeguards on your clinic chart, and the office manager may be able to help you with that.
My husband and I go to the same chiropractor, who is also a friend of my husbands. Recently the office manager called my husband regarding my bill, instead of contacting me.
Billing information from a health encounter can be considered health information so yes, this sounds like a breach to me. Hi I just signed a health care power of attorney over to my husband so he can begin now making my health care choices does he need to be with me for every visit. Good for you for getting your Power of Attorney organized. My husband has been a paranoid schizophrenic for the last 18 years. He has been very good in signing the papers for me to speak with his caretakers in the psychiatric hospitals, but the last few times he has decided he will not allow me access to the doctors.
My husband is a great actor and he will do whatever it takes to get out of the hospital- take his meds, go to groups, keep well and groomed. Once out of the hospital, he throws all his medications in the toilet and we have to start all over again. He is usually hospitalized 3 times a year.
He is 70 now and is extremely paranoid and psychotic. I could write a book about what he has done and how reckless he is with money and his life. I would love to go on about his behavior, but it would take me 3 days to write.
About 5 years ago, he had a patient advocate in a state hospital who told him to get my name off of the HIPPA release because all I want to do is keep him in the hospital.
He removed my name, and I was unable to be a part of the team, go to court hearings and know when he was being released. I have been married to this man for over 40 years and to be treated like this is appalling, especially since I am the only one in his family that takes care of him. This year I filed for being his payee, which I received after much paperwork, but with plenty of documentation.
Although I go to see him, the social worker will not call me back, tell me anything about his treatment or even who his doctor is. I have spoken to the social worker and told him about his history- but they are still giving him medication that does not work for him. I am a vision- not his wife when I go to visit, and he tells me he is married to Britney Spears for many years. His brother has the ability to speak to the team- Michael authorized him to do that.
I am trying to get guardianship for My husband, but I need 2 letters from 2 doctors- one being the attending doctor in the hospital I already have another doctor from the PACT program he is involved with. The doctor refuses to sign an affidavit that my husband is incapable of taking care of himself and I am beyond words as to how to handle this.
I have been trying to get guardianship for many years and have always gotten the run- around from the doctors. All I want to do is give this man a quality of life for as long as I can, but the HIPPA, doctors and government agencies, along with the lawyers just turn their backs on me and treat my husband as if he is just another lunatic.
Any advice would be greatly appreciated. You have probably learned a lot about the privacy rules and regulations when there are people who have severe mental health issues, and I daresay you know more about it than most physicians! Your situation sounds heart-breaking and I would suggest getting legal advice about the best way forward.
Thank you so much for taking the time to reply to my comment. I have been on the phone literally all day long trying to find an attorney for my case situation, which is unique. But out of all his siblings, he is the only one who has been taken some interest in his brother. My husband was told by a patient advocate in a state hospital to get me off the list because all I want to do is to keep him in the hospital.
I actually wrote letters to the facility for this mans misconduct, and although nothing there was no discipline to the advocate, this statement has stuck in my husbands head and he treats me now as if I am his enemy. I will not let up on him- everyone else has.
But I feel I took a vow in church and although I was a school teacher for 40 years, was not able to have children. I also strongly feel that God gave me this mission to take care of Michael and although it is now becoming a real struggle, I will see it through. I just wish the doctors would work with me and the law would not be so difficult on the caretaker. I am also getting professional help due to the depression this has all taken on me. Again, thank you for taking time out to respond to me.
Karen M. Make sure to look after yourself too, as you care for your husband. First the doctor allowed me to tell him about the behaviors. Now I am blocked from speaking at all and he is intercepting bills and hiding them. The homeowners insurance was paid a month late with a ton of fees. That sounds pretty extreme when a battery of memory tests would solve this without so much money or drama attached.
Mentally ill are allowed more rights than those whose lives are turned upside down, trying to deal with it. In some regions, family members can ask for a capacity assessment from a private or government capacity assessor at their expense.
This assessor can hone in on whether there are decision-making problems, regardless of any medical issues. Adult Protective Services can be helpful in cases of self-neglect or abuse as well. Can a power of attorney prevent someone whose POA has been activated prevent the patient from adding someone to his Hippa? There are many extenuating circumstances but i want to keep it brief. Hi Robert and thanks for keeping it brief! I always like to assume that a person is capable unless they are very incapacitated or at least assess if they are, before automatically deferring to the attorney.
The last hippa form I signed was when I was I came across your article while trying to find an answer to my question. I am NOT his guardian. Minnesota, Iowa and Florida may protect your health privacy where the federal privacy rule does not. To be clear, the federal privacy rule does NOT protect your privacy. To get a sense of where Health IT is headed, read the Jan.
Actions, Opportunities and Warnings:. Such laws may void current State privacy laws or eliminate the possibility of enacting strong truly protective State health privacy laws in the future. Take a Stand at Your Clinic : To assert your right to refuse signing the Notice, you may simply refuse to sign the Notice of Privacy Practices section on the consent form. You may cross out the Notice of Privacy Practices section and refuse to sign it. You may refuse to sign it even if they ask you to sign that you refused to sign it.
You may also file a complaint with the Office of Civil Rights at the U. Department of Health and Human Services if you believe your rights have been violated. Warning Before You Act : Some clinics are now incorporating the Notice within their consent for treatment forms. You may choose to cross out the lines related to the Notice of Privacy Practices. Keep in mind that most clinic staff believe the document actually protects privacy.
This is your opportunity to educate them. Feel free to copy and share the federal language in the documents accessible on this web page. Please Notify CCHF : If your clinic refuses to treat you because you refuse to sign the form we continue to hear stories from people whose clinics refuse to treat them if they don't sign the form , please notify CCHF in writing with the details of your encounter. CE Articles.
Online Product Guide. Contact Us. Advisory Board. About Us. Copied to clipboard. What Does the Rule Require? While the acknowledgement of receipt of the Privacy Policy Notice is a fairly simple form, the authorization is a bit more complicated, as is evident from the reprinted portion of the Program Memo set out below: "The core elements of a valid authorization must contain at least the following elements: 1.
A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion; 2. The name or other specific identification of the person s , or class of persons, authorized to make the requested use or disclosure; 3.
The name or other specific identification of the person s , or class of persons, to whom the covered entity may make the requested use or disclosure; 4. An expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure; and 6. In addition to the core elements, the authorization must contain statements adequate to place the individual on notice of all of the following: 1.
To revoke your authorization, send a written request to: [Each Medicare contractor or CMS: Please insert name, address and telephone number of your organization here],' 2. The authorization must be written in plain language. A signed copy of the authorization must be provided to the individual. Submit Feedback. Email Address. Higher daily intake of fruit and vegetables was significantly linked with higher mental health scores in secondary school students, according to recent study findings.
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Physical activity can help your body and mood in these stressful times. Gathering of Eagles Meeting Nov. Specialties Autoimmune. Clinical Pathways. Population Health. Public Safety. Wound Care. Publications Addiction Professional. I can read it or not and I can sign a form acknowledging receipt of it or not. Interestingly enough, most doctors who have treated me and my kids, do this exactly the same way.
This is somewhat an old topic, but I feel the need to reply. However, to just not sign it for the heck of it makes you sound difficult. Also, the law does not require that a doctors office give each and every patient a copy of the law.
But the law does require they have it on hand for the patients who would like to read through it and may have questions regarding it. So to get disgruntled that most physicians do it the same way is just frustrating yourself for no good reason. Try asking the doctor for a copy of it next time. I view advocacy as an essential duty of democratic citizenry. With all due respect, where the teaching with us as tools begins and ends should be our decision — not yours.
Ours or our survivors. I read a horror story of a young man with cancer being used as a total teaching tool during his last few days and his parents not being able to keep the teams out so he could die surrounded by his loved one — not interns that are strangers to him, treating him like an interesting specimen.
Those of us who are modest, or just want to not be surrounded by strangers in our direst health emergencies should not be given only agreeing with it or being refused health care as our only two options. Your interns can learn and make their mistakes as you admit you do here on somebody else. But Blaze! I do, personally, sign consent for treatment forms. I completely understand your concerns about your patient rights being subject to violation but the good news is that most patients are not abused.
Let me know how things turn out for you. I am praying for your fast and full recovery. Just seeing this. Since they all do this, there is no somewhere else to go. You either have to gamble with your health or your priv acy and one of these nightmare invasions of privacy happening to you. Thank you so much for this! Last Thursday I had an appointment for an echocardiogram because I have a leaky heart valve and an aortic aneurysm, quite serious problem and said echocardiogram is rather important.
I usually cross out what I disagree with and write in I do not agree to this section and initial it but I was told Thursday that legally speaking my signature on the bottom agrees to what is printed regardless of any alterations that I make.
What ended up happening is I would not sign my rights away and they would not give me the echocardiogram without it. I am on the internet in small bursts trying to find my rights and get the medical care I so desperately need without signing my rights away to not be used as a guinea pig or a teaching tool.
I came across one horrific story of one couple whose son who died of cancer being used as a total teaching tool for the last four days of his life. This patient abuse needs to end! In fact, HIPAA specifically allows disclosures of information related to receiving payment for services.
There are actually four primary instances where your healthcare provider can share your information without getting consent from you. Treatment — such as discussing your care with other members of the staff providing care, consulting with other providers about the kind of care you need, or giving information to a provider whom to whom they are referring you for more specialized care.
Payment — Such as sending bills to your established address, billing insurance companies, providing information to collections agencies when necessary, and the like.
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