Is anyone here familiar with HIPAA(sp?)

Discussion in 'General Parenting' started by AtThe Brink, Sep 29, 2007.

  1. AtThe Brink

    AtThe Brink New Member

    I am trying to see HOW I can get ahold of DS medical/mental health records in order to build a "paper trail" in the even that we file a JIPS petition to have him taken out of the home. It appears that because he is 14, he is protected by HIPAA. Which is just WRONG in my opinion but whatever. There has to be a loophole or something that someone knows that can help me. If you have info I would certainly appreciate it. TIA
     
  2. flutterbee

    flutterbee Guest

    Have your son sign a letter giving you permission to access these records and give a copy of this letter to whomever you are trying to access records from.
     
  3. AtThe Brink

    AtThe Brink New Member

    Yeah, but will they ALLOW that? And what if he won't do it? Do I have to tell him WHY? There is something seriously wrong here:

    Son, would you please give your father and I permission to get copies of your medical records so we can file a petition to have you removed from the house because you are mentally draining all of us? SIGH UGH UGH UGH. Okay, done lol
     
  4. flutterbee

    flutterbee Guest

    A co-worker of mine had to do this for her 10 year old grandson in order to talk to the insurance company about his claims even though she is his legal guardian and his parents are both deceased. So, tell your son you need it for insurance purposes...so you can talk to the insurance company.

    Look up HIPPA laws online and see how they read.
     
  5. AtThe Brink

    AtThe Brink New Member

    Oh, okay. But is it legal for me to lie to him about WHY? I want to follow the law here. We have so much against us right now as far as DS is concerned that I don't want to end up in hot water over this. We are at a point where HE has all the rights and we have NONE. UGH Thanks so much for your help! :hug
     
  6. flutterbee

    flutterbee Guest


    https://web.archive.org/web/20090115223721/http://www.hhs.gov/ocr/privacysummary.pdf

    I'm not an attorney, but I don't see anything there that states the age of 14. My understanding is that any child under the age of 18 is a minor child. You may want to contact an attorney or state medical board for clarification.

    Here's another website you can research:

    http://www.hhs.gov/ocr/hipaa/
     
  7. susiestar

    susiestar Roll With It

    Tell your son that this has to be signed, the letter or form letting you see his records because otherwise there will be no $$ to pay for his new CD's, games, sports, books, whatever because all the $$ will have to pay the doctors. That the insurance is demanding it or they won't pay. And without the insurance paying, NO $$$ for ANYTHING fun. Name whatever he thinks is most vital to his life. Cable TV, movies, meals out. Meals with his favorite foods, whatever.

    If this does not work, there is the line I have taken with my kids (we lived in a state where I learned that at age 12 he could keep me from even talking to his docs during his appts!!). I started when I learned of this with the line that as the parent it is my job to make the medical decisions. I have had the years and education to know what is going on. And if, by any reason, the child keeps me out of an appointment, or refuses access to medical records, the child's life as he/she knows it will be OVER in our house. I started very young with this, and was quite consistent. MEdical issues are one area where the kids know I WILL listen to them and their concerns, strongly weigh their requests for doctors, etc..., but I and only I make the final decision. husband does not know enough about most of what they go through to make any decisions, or want to. BUT they also know that husband and I are a UNIT and the "I" means mom and dad.

    I just did a search on HIPAA, teens and medical records. Apparently family planning and STD records, as well as mental health records are limited on a state-by state basis, as well as by HIPAA and healthcare providers. Mindboggling, but true.

    I would say that you try to access records through your insurance company. I can get all sorts of stuff on my son through our health insurance co. I do know that I insisted on adding a consent to treat and financial responsibility acceptance forms to my daughter's doctor when we took her in for gyn troubles this year. The doctor has a policy of treating the teens if they come in (and I know she eats a lot of this cost), but I made sure papaerwork would let her get treatment without me if she felt she needed it. I feel this is important because too many teens get into sexual situations with-o protection, information, or approp medical care if needed.

    Good Luck,

    Susie

    ps. might try the insurance forum, maybe they would have an idea?
     
  8. susiestar

    susiestar Roll With It

    by the way, my NO $$ for anything fun argument would CLEARLY state that the letter was being demanded by the insurance company. Takes YOU out as the bad guy, saves a ton of hassles, and might get the job done.

    Hugs, Susie
     
  9. AtThe Brink

    AtThe Brink New Member

    Wow, lots of information and suggestions from everyone. I have a few options now. First, I will try to acquire them on my own, then if they won't let me have them I will get DS to sign the letter/request and tell him it is from the insurance co. THEN if that doesn't work...........well, we will try those 2 first. Thank you everyone. I'll be sure to update when I have something significant.
     
  10. Ohio

    Ohio New Member

    Federal criminal penalties. Under HIPAA, Congress also established criminal penalties for knowingly violating patient privacy. Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under "false pretenses"; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain or malicious harm.

    http://aspe.hhs.gov/admnsimp/final/pvcfact2.htm
     
  11. witzend

    witzend Well-Known Member

    Here's what the Health and Human Services site says in answer to this question:

    HIPAA parents and children
     
  12. sick and tired

    sick and tired New Member

    I have worked in medical records for 6 years, according to HIPAA, as long as you are the LEGAL guardian of the minor child, you have every right to request the medical records. A minor child CANNOT sign the authorization to release their records unless they have been legally emancipated - emancipation is NOT recognized in NY.

    IF you are requesting the records for your own personal use, you may be charged 75cents per page. You must specifically request mental health, drug use, alcohol use and/or HIV records or they will NOT be released to you. In some cases, mental health records may not be released to anyone except the primary care physician.

    If you are requesting the records to transfer to another doctor for continuation of care, there should NOT be a charge.

    If you are sending the records to an attorney or insurance company the attorney or insurance company must send the request with your original signature - no copies or faxes are accepted. they will be charged 75 cents per page.

    If you go to court due to this issue, the courts can subpoena the records. by the way if you submit the records yourself, they may be deemed inadmissible. Get your attorney to request a subpoena. There is a $15 charge payable by the courts and they are guaranteed to get the entire record which is admissible in court.
     
  13. SnowAngel

    SnowAngel New Member

    I worked in the hospital.If you are a parent of a child under 18, you have the legal right to all medical records available.Make sure when you get the copies that you keep a copy for your records just in case.Good luck.
     
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