Medical Privacy Laws -- Do You Agree?

[poohandwendy]

So, if he gets a bug up his butt and decides to keep his medical care from me, there's nothing I can do. But then what happens if he O/Ds on his meds? Or he's on something that he can't take with something else and I don't know about it? Who's responsible?

Tell me this...how does he get his scripts filled? Is there really any way that he is going to keep that info from you? Seriously?

 

[Marseeya]

Tell me this...how does he get his scripts filled? Is there really any way that he is going to keep that info from you? Seriously?

I thought it was ridiculous too, but according to the counselor, they can get them filled at a pharmacy, and he doesn't need my permission to use our prescription plan. She asked HIM where he wanted to have them filled and he was like, "WTH??? I dunno!" She was telling me about kids who take the bus to the doctor and do everything themselves because their parents are alcoholics and abusive.

It's insane.

Although come to think of it, my biggest worry wouldn't be my son buying his meds, it would be that he would NOT buy them and not take them. He hates taking meds. That's one of the biggest problems with bipolar disorder. When people are on meds and start feeling better, they go off their meds and get worse again. It can be a pretty bad cycle and I'd really rather he not get into it.

 

[poohandwendy]

I thought it was ridiculous too, but according to the counselor, they can get them filled at a pharmacy, and he doesn't need my permission to use our prescription plan. She asked HIM where he wanted to have them filled and he was like, "WTH??? I dunno!" She was telling me about kids who take the bus to the doctor and do everything themselves because their parents are alcoholics and abusive.

What I am saying is that there is no way he would have the resources to get those meds without your help. (getting to the pharmacy and paying for the meds, with or without insurance) So, it's very unlikely children are going to be in a dangerous situation that way. If they are so resourceful that they can get the scripts filled, they are pretty likely to be responsible.

Any medical personel who know of abuse or neglect is REQUIRED by law to report it.

 

[Charade]

Any medical personnel who know of abuse or neglect is REQUIRED by law to report it.

But they are making those (the majority) who don't have any problems jump through hoops (hippas!) by placing unnecessary interference (and IMO, intrusive interference) between a child and their parent.

 

[Jenn Lynn]

I had to sign a consent form so the insurance people at the hospital could discuss me with DH. This was after a month of him talking to them.

 

[poohandwendy]

But they are making those (the majority) who don't have any problems jump through hoops (hippas!) by placing unnecessary interference (and IMO, intrusive interference) between a child and their parent.

I just have not experienced that at all. There really hasn't been any change that has affected me other than signing the stupid HIPAA forms every time. I guess it's a waste of paper, though.

I guess I am just trying to see what circumstance it could really be a problem (or intrusive) for an average family with open relationships with their children?

 

[lovemygoofy]

I edited my OP to add a question that I just thought of:

How about privacy between spouses? Do you think you have an absolute right to know about your spouse's medical care?

In June I was to have outpatient surgery, things turned bad and I had to be admitted to the hospital. The hospital would not let my dh sign the admittance papers to the hospital because I had not filled out a sheet giving him permission to sign on my account. He also did not have a POA to verify himself either. I sat in the waiting room knocked out for 45 mins while everyone was trying to decide what to do. At some point I heard my mother yelling that I better get in a room soon or she was calling a lawyer. This is taken it much to the other extreme.

 

[Marseeya]

What I am saying is that there is no way he would have the resources to get those meds without your help. (getting to the pharmacy and paying for the meds, with or without insurance) So, it's very unlikely children are going to be in a dangerous situation that way. If they are so resourceful that they can get the scripts filled, they are pretty likely to be responsible.

Any medical personel who know of abuse or neglect is REQUIRED by law to report it.

Getting to the pharmacy -- easy enough. He's got feet. We live less than a mile away from the nearest pharmacy. Paying for the meds is another story at this point in our lives, as we pay a higher co-pay right now, but he could have easily found enough money to buy meds with our old co-pay! It was $10 for generics and $20 for brand name. Not too difficult for a 14 year old to come across these days. And what if a kid that age went on Ritalin... kids are selling that stuff on the streets these days. When a child does something wrong, everyone's so fond of saying "Where are the parents in all this?" but the medical community is taking away some of our tools to know everything going on in their lives -- mainly medication.

Regarding the abuse, I understand it's required by law to report, but that doesn't negate the fact that a kid might not necessarily tell the counselor about the abuse.

And to bring something up from another post, if you don't mind:

I guess I am just trying to see what circumstance it could really be a problem (or intrusive) for an average family with open relationships with their children?

The keyword being "average" or normal, and that's basically what the therapist said, that most families don't have to worry about it. Everything I'm talking about is happening in a mental health facility where kids can be far from average. Some of these kids are not in their right minds. Nothing will convince me that I don't have the absolute right to know about my son's medical care (barring confidential therapy conversations) regarding his medication. As long as I have a legal responsibility for his well-being, then I should have the right to have the knowledge to make sure he's receiving the best care possible.

(But this is all theoretical at this point, as my son signed the consent forms... I'm wondering hypothetically if he hadn't or if he changes his mind. Sorry, but that's just too much autonomy for a 14 year old who is mentally ill.)

 

[Marseeya]

In June I was to have outpatient surgery, things turned bad and I had to be admitted to the hospital. The hospital would not let my dh sign the admittance papers to the hospital because I had not filled out a sheet giving him permission to sign on my account. He also did not have a POA to verify himself either. I sat in the waiting room knocked out for 45 mins while everyone was trying to decide what to do. At some point I heard my mother yelling that I better get in a room soon or she was calling a lawyer. This is taken it much to the other extreme.

Wow! How can we protect ourselves from stuff like that? Should we all have a POA or other document allowing our spouses to make medical decisions for us?

For me this all boils down to a lack of common sense (kind of like zero tolerance policies). Nobody is able to look at individual circumstances anymore -- it's all too cookie cutter.

 

[msdznyduck]

I also work in healthcare, and the HIPPAA form our patients sign doesn't mean they agree or disagree with what they are signing.........just that they have received the copy of privacy policies.

 

[RUDisney]

HIPAA is a sore subject with me right now. My former doctor (I fired her this week via a letter... a LONG letter) referred me to a specialist without my consent. I actually told the person in her office that I'd make my own appointment. I didn't want their referral. Not only did they refer me to the specialist, they also shared the results of my bloodwork and other tests with him! When the other doctor's office called me, they left a message on my machine with the date and time of the office visit and they said, "after doctor reviewed the results of your tests, he's agreed to schedule this appointment." WTH!!!???!!!

My best friend, who is a doctor herself, and doesn't like my previous doctor, said that I should sue her over this clear violation of HIPAA, although I did mention that her office violated this regulation since I hadn't consented to them that they could call and refer me or share my records with this other doctor.

 

[Lisa loves Pooh]

Thanks, I know what HIPPA is. I just mean that I have never heard of that particular rule and have been in many doctors offices that do not have a window between the office area and waiting room. I have seen some that do, some that don't. That's all.

Didn't mean to imply you didn't know--a bit of sarcasm actually---I don't think the window itself was the law--but an extreme measure to make the doctor's office think it makes them more compliant with HIPPA.

I think the whole thing is rather rediculous myself.

 

[Mermaid02]

FYI... it is HIPAA not HIPPA. Health Care Portability and Accountability Act.

Health Information Portability and Accountability Act.

I ask people ALL day long if they want a copy of the HIPPA laws. They don't.

I had to sign a form giving myself permission to give myself a copy of my ultrasound results. I had a long talk with myself and I agreed that I wouldn't tell anybody what my test results were unless I told myself that I could. I then explained to myself that I couldnt' even tell my husband unless I gave myself permission..... It's gone overboard in my opinion.

 

[gr8tpanther]

I get SO irritated EVERYTIME I go for something as simple as bloodwork, I have to sign this stupid PRIVACY act sheet! I hate it! Doctor, Dentist, you name it, we have to sign.

I went for surgery and they asked me who could or couldn't ask about my well being or whatever, and I asked why it mattered and she said because of the Privacy Act, they needed names of who is allowed info, I told her to publish it in the paper for all I cared cause it was a bunch of BS for this privacy crap, she laughed at me.

I don't care who knows, what does it matter anyways?

 

[Mermaid02]

I get SO irritated EVERYTIME I go for something as simple as bloodwork, I have to sign this stupid PRIVACY act sheet! I hate it! Doctor, Dentist, you name it, we have to sign.

I went for surgery and they asked me who could or couldn't ask about my well being or whatever, and I asked why it mattered and she said because of the Privacy Act, they needed names of who is allowed info, I told her to publish it in the paper for all I cared cause it was a bunch of BS for this privacy crap, she laughed at me.

I don't care who knows, what does it matter anyways?

She probably laughed because she agrees with you and she is required to ask you. I know that's how I feel when I ask someone if they want it.

 

[JennyMominRI]

I get SO irritated EVERYTIME I go for something as simple as bloodwork, I have to sign this stupid PRIVACY act sheet! I hate it! Doctor, Dentist, you name it, we have to sign.

I went for surgery and they asked me who could or couldn't ask about my well being or whatever, and I asked why it mattered and she said because of the Privacy Act, they needed names of who is allowed info, I told her to publish it in the paper for all I cared cause it was a bunch of BS for this privacy crap, she laughed at me.

I don't care who knows, what does it matter anyways?

I do understand it not mattering to many.It does matter to some..Despite the fact that I blurt out my HIV status over the internet,I am very private in real life.. That's for my kids sake,I could care less about myself. A friend of mine showed up at the hospital unexpectedly one day and a doctor walked right in and started asking me questions about my HIV background. Said friend was quite shocked. Thank G-d she wasn't one of those people who would flip out,and believe me ,a few times,someone I thought was a friend has.flipped out ... For the sake of my mother and her own health there are many things about my own that I don't tell her. I would have to have some medical professional blurt it out

 

[Marseeya]

I also work in healthcare, and the HIPPAA form our patients sign doesn't mean they agree or disagree with what they are signing.........just that they have received the copy of privacy policies.

Ohhhhh. Well that makes sense, then!

 

[RealMickeysGirl]

I think having the window open/not open or just a counter depends on where the medical records are kept. I have had to deal with hipaa in my job and if I remember correctly, there is a lot of stuff about access to records - like even seeing the name on a file so you can tell that a particular person goes to that doctor.

As far as the birth control/abortion thing for teenagers. I think that they should have privacy with their doc but I would want to be sure that they felt comfortable discussing anything and everything with that doc. I am up in the air about the abortion thing - on one hand I think it is between the patient and the doctor but on the other hand there could be complications from the abortion and if the parent doesn't know they have had the abortion, they may not get the followup or emergency care they need. Of course, I don't have any children so I don't have to deal with children's health care issues personally.

 

[Marseeya]

Health Information Portability and Accountability Act.

I ask people ALL day long if they want a copy of the HIPPA laws. They don't.

I had to sign a form giving myself permission to give myself a copy of my ultrasound results. I had a long talk with myself and I agreed that I wouldn't tell anybody what my test results were unless I told myself that I could. I then explained to myself that I couldnt' even tell my husband unless I gave myself permission..... It's gone overboard in my opinion.

 

[Marseeya]

I do understand it not mattering to many.It does matter to some..Despite the fact that I blurt out my HIV status over the internet,,I am very private in real life.. That's for my kids sake,I could care less about myself..A friend of mine showe dup at the hospital unexpectedly one day and a doctor walked right in and started asking me questions about my HIV background..Said friend was quite shocked..Thank G-d she wasn't one of those people who would flip out,and believe ,a few times,someone I thought was a friend has.... For the sake of my mother and her own health there are many things about my own that I don't tell her.I would have to have some medical professional blurt it out

That would have been awful! Was that before or after HIPAA?

It's things like that where I think the law is very necessary.