Question of the Week

HIPAA (9/27/2007)

Question:   My mother had a stroke and when I called the hospital to find out about her condition I was told that HIPAA privacy laws prevented the nurses station from giving me any information.  Is this true?

 

Answer:  Absolutely not!   HIPAA clearly allows the nurses who are taking care of your relatives (in-laws and close friends too) to discuss with you their condition.  The only time they cannot if the patient objects.  You need no authorization, signed or otherwise to be able to find out about relative’s medical condition.   A health care proxy or power of attorney is not necessary.

 

Many hospitals are instructing nurses not to disclose information either on the phone or personally because the regulations enforcing HIPAA are somewhat confusing.  It is easier to train nurses to say “no” than to train them on what is appropriate and allowable.

 

If you want to know more about HIPAA rights go to www.hhs.gov/ocr/hipaa. Use the search engine on that site by entering "relatives."  Print out the regulation and have it at the hospital if you suspect a problem. If you are presented with a situation asked in the question, use the answer on the HIPAA website and stand your ground and let the nurse know you are familiar with HIPAA and what your rights are.  Be firm.  Common sense prevails here and let them know you read about it here at Healthcare Soundoff.

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