[Ansteorra-chirurgeon] And now the best answer possible to abadquestion

Threlkeld, Richard Richard.Threlkeld at xerox.com
Fri Oct 8 14:33:05 PDT 2004


<snip, snip> 
 My understanding of HIPPA laws are that I am not allowed to disclose
any medical information to anyone who does not have the need (someone
directly involved in the patient's care).  This does not apply to the
parent's of minors as I am directly responsible for my children and
therefore have the legal right to access any and all things pertaining
to their health care. So by law I am required to disclose this
information to the parents or legal guardians if so asked, (unless the
minor can produce the proper court papers proving that the have been
emancipated). Stepping on the parental rights can be very tricky and
even if you are safe from criminal prosecution will not save you from
civil prosecution. 
 
HIPPA does not apply here. It only applies when you are providing
services for compensation (per the BOD's lawyers). However, we still
have an ethical requirement for privacy. You might be surprised how
privacy has been extended recently. Mostly I approve of more privacy in
our information-rich world, but I am not allowed to get information on
my children's grades or health status *even when I directly pay for* the
schooling and health care. I do get them, but only because my sons have
signed releases. And they have to sign new ones nearly every time I
request copies. Of course, they are both over 18.
 
You do seem to have a logic flaw, IMHO. You state that you cannot give
information to anyone not directly involved in the patient's care. You
then state parents are an exception. But being *allowed* to provide
information to the parents does not *require* you to do so, even if they
ask for it. The law does not compel it and, lacking that, only a court
could require it of you. So it is up to your judgment.
 
Only my humble opinion, 
Rurik 
 
In service,
Caelin on Andrede 
 
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