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Is this a HIPPA Violation?
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<blockquote data-quote="OTE" data-source="post: 6291"><p>oh ....grrr.... just lost a very long reply!</p><p></p><p>Anyway, I agree with you that this error is probably arising out of mistakes on the admission paperwork. Presuming that the ER hospital did that paperwork I'd go to their financial aid office and ask if they sent this to the state. Where the financial aide office is varies by how big the hospital is. But if there's an ER they have to have one. Start with the billing dept and ask how you apply for financial aid. I'm assuming that you did not apply for financial aid at all.</p><p></p><p>Best I can figure from what you say is that someone checked a box saying that your child is in CPS custody with your Mom as the foster parent or physical custodian. That's the only way I can figure that they would ask ONLY for your son's income and assets. If he were in either your or your mother's legal custody (on their paperwork) they'd be asking for your or your mother's income and assets as well. </p><p></p><p>On the involuntary thing... the Medicaid thing could be arising out of that. Somehow this involuntary thing could be indicating that the child was put in the hospital against your wishes, ie via a court order which took physical custody from you giving such to CPS. And with that emergency contact they somehow conclude that the child is in your Mom's custody? This is the only scenario I can think of that would generate the medicaid application sent by the hospital to the State resulting in the letter to your Mom asking for the child's info only.</p><p></p><p>Is it a violation of HIPPAA? Yes, but it would be determined to be the result of a clerical error and they would have no liability. Clerical errors are allowed and you'd have to prove the error were the result of reckless behavior on the hospital's part (eg no supervision of employees), fraudulent behavior of employee, hospital's refusal to resolve problem previously pointed out to them (reckless behavior), etc, etc. Would be hard to do. So forget it, you're right but it's not worth pursuing other than to call the state hospital licensing people and file a formal complaint for a clerical error. Not likely to get you anywhere either but if it makes you happy...</p></blockquote><p></p>
[QUOTE="OTE, post: 6291"] oh ....grrr.... just lost a very long reply! Anyway, I agree with you that this error is probably arising out of mistakes on the admission paperwork. Presuming that the ER hospital did that paperwork I'd go to their financial aid office and ask if they sent this to the state. Where the financial aide office is varies by how big the hospital is. But if there's an ER they have to have one. Start with the billing dept and ask how you apply for financial aid. I'm assuming that you did not apply for financial aid at all. Best I can figure from what you say is that someone checked a box saying that your child is in CPS custody with your Mom as the foster parent or physical custodian. That's the only way I can figure that they would ask ONLY for your son's income and assets. If he were in either your or your mother's legal custody (on their paperwork) they'd be asking for your or your mother's income and assets as well. On the involuntary thing... the Medicaid thing could be arising out of that. Somehow this involuntary thing could be indicating that the child was put in the hospital against your wishes, ie via a court order which took physical custody from you giving such to CPS. And with that emergency contact they somehow conclude that the child is in your Mom's custody? This is the only scenario I can think of that would generate the medicaid application sent by the hospital to the State resulting in the letter to your Mom asking for the child's info only. Is it a violation of HIPPAA? Yes, but it would be determined to be the result of a clerical error and they would have no liability. Clerical errors are allowed and you'd have to prove the error were the result of reckless behavior on the hospital's part (eg no supervision of employees), fraudulent behavior of employee, hospital's refusal to resolve problem previously pointed out to them (reckless behavior), etc, etc. Would be hard to do. So forget it, you're right but it's not worth pursuing other than to call the state hospital licensing people and file a formal complaint for a clerical error. Not likely to get you anywhere either but if it makes you happy... [/QUOTE]
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Is this a HIPPA Violation?
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