Privacy of Medical Data/HIPAA
QUESTION: I have a 33 yr old daughter with special needs. You only need to talk with her a few min to see it. So approx 6 wks ago she broke her foot. At the library too. Guess yor not safe anywhere. Well, she had her 2nd appt at the orthopedic Dr a week ago. The xray machine was down so we went back later. Anyway, I went to the Orthopedic to get the results of the xray. Her foot was hurting that day and didnt go. Here is where the conflict begins. Because my daughter had not signed the HIPAA form,(she had filled it out but forgot to sign) they wouldnt tell me. I am also her legal guardian. I showed them the guardian paper and they still wouldn't tell me. I thought that going in with her on her visits was "implied consent"? I had to wait for another day when she wasnt hurting to bring her in, sign the form and THEN they told me she is healing normally. (All that fuss..) I got guardianship when she was 18 and have NEVER had a problem before. Al others.. Drs..school teachers..have always been willing to talk to me. plSo...if it should happen again..who's right?
ANSWER: Joyce. They were correct. Thank goodness it wasnt more serious. Be sure that there is always a signed consent on file everywhere you go and keep a copy. Sorry that you had to go through this. So frustrating.
---------- FOLLOW-UP ----------
QUESTION: So even the guardianship papers
aren't enough? She STILL needed to sign the form?
everyone uses HIPAA as an excuse to do or not do something. Suggest you always have her sign as she is able. Not worth fighting as long as you know.
don't have her fill out anything next time. You do it and have your huardian papers with you. I do understand why they did it because she was able to fill it out but didnt sign it. Keep this article with you.