A young adult male, Bob, rushed up to the desk of the doctor's office. Bob told the clerk that his dad was there. He knew his dad was there because his mom told him that his dad was sick, so Bob should not plan on coming over for dinner that evening. The young man demanded that the clerk let him see his dad. He told her that he had a right to know what was going on with his dad. Bob started getting very irate and told her that she better let him see his dad or he was going to sue the clinic. The clerk just smiled and told him that was not possible. She asked his name and said that she would check to see if he could go back to the exam room. The clerk left for a few moments and came back and told Bob, that no, his father did not want him in the exam room.
Bob was furious. He knew about HIPAA (Health Insurance Portability and Accountability Act) from his own past experiences with doctors and nurses. He remembered his parents discussing his treatment with his doctors and nurses, and they were allowed access to his health information. Why couldn't he get the information about his dad? He told the clerk that he was a family member, so he should have access to his dad's health information. He said that he wanted to be a part of his dad's ongoing treatment. His mom was in the exam room and knew what was going on. Why couldn't he be included?
The clerk calmly explained to Bob that simply because he was a family member did not give him the right to be part of his father's treatment plan. He could only be part of the discussion if the doctors and nurses told his father about it, and his father consented or at least gave some knowledge. Bob was insistent that he be part of the treatment. Bob said he also knew that the nurse could give him information about his dad unless his dad expressly said that she could not.
Bob eventually convinced the clerk to let him wait for his dad in the waiting room. After a while, Bob stopped a nurse and asked about his dad. The nurse told him that his dad had asked her not to discuss his care with his son. Bob wanted to know why because his mother was in the room with his dad. Still, the nurse said his dad was concerned that Bob would tell others about his condition, and it would eventually get back to his dad's employer. Frustrated, Bob decided to leave.
As he stormed out, he stopped at the payment desk. He asked the payment counselor how they were going to settle his dad's account. Bob stated he had helped his dad make insurance payments on his account in the past, and he was helping him make payments once again. The payment counselor looked up the information and did not see any history of Bob making payments on the account. She did see a history where Bob's father had made payments on Bob's account, as recent as 30 days ago. She, in fact, recalled telling Bob's father the reason Bob had come in for an appointment because Bob's father had to pay the bill. She was within her rights to do so. Bob was aware of the situation because he had asked his dad to go in and make the payment. The counselor refused to give Bob the information. Angrier still, Bob told the payment counselor that he was going to file a HIPAA complaint against the clinic. The payment counselor was not concerned because the clinic, as far as she knew, had been HIPAA compliant.
The clinic maintained compliance by:
1. Including only present family members in the treatment plan.
2. Ensuring the wishes of the patient were met regarding who had a right to know health information.
3. Providing the father with payment information when he accompanied his son on a health visit.
4. Reviewing patient records prior to allowing patients to enter the treatment area.
5. Following regulations rather than giving in to the emotional demands of the patient's family member.
Sources
HHS.gov. Health Information Privacy. Your Rights Under HIPAA. Found online at: https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
HHS.gov. Health Information Privacy. If I do not object, can my health provider share or discuss my health information with my family, friends, or others involved in my care or payment for my care? https://www.hhs.gov/hipaa/for-individuals/faq/523/can-my-health-care-provider-share-or-discuss-my-health-information-with-my-family/index.html
Bob was furious. He knew about HIPAA (Health Insurance Portability and Accountability Act) from his own past experiences with doctors and nurses. He remembered his parents discussing his treatment with his doctors and nurses, and they were allowed access to his health information. Why couldn't he get the information about his dad? He told the clerk that he was a family member, so he should have access to his dad's health information. He said that he wanted to be a part of his dad's ongoing treatment. His mom was in the exam room and knew what was going on. Why couldn't he be included?
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Bob eventually convinced the clerk to let him wait for his dad in the waiting room. After a while, Bob stopped a nurse and asked about his dad. The nurse told him that his dad had asked her not to discuss his care with his son. Bob wanted to know why because his mother was in the room with his dad. Still, the nurse said his dad was concerned that Bob would tell others about his condition, and it would eventually get back to his dad's employer. Frustrated, Bob decided to leave.
As he stormed out, he stopped at the payment desk. He asked the payment counselor how they were going to settle his dad's account. Bob stated he had helped his dad make insurance payments on his account in the past, and he was helping him make payments once again. The payment counselor looked up the information and did not see any history of Bob making payments on the account. She did see a history where Bob's father had made payments on Bob's account, as recent as 30 days ago. She, in fact, recalled telling Bob's father the reason Bob had come in for an appointment because Bob's father had to pay the bill. She was within her rights to do so. Bob was aware of the situation because he had asked his dad to go in and make the payment. The counselor refused to give Bob the information. Angrier still, Bob told the payment counselor that he was going to file a HIPAA complaint against the clinic. The payment counselor was not concerned because the clinic, as far as she knew, had been HIPAA compliant.
The clinic maintained compliance by:
1. Including only present family members in the treatment plan.
2. Ensuring the wishes of the patient were met regarding who had a right to know health information.
3. Providing the father with payment information when he accompanied his son on a health visit.
4. Reviewing patient records prior to allowing patients to enter the treatment area.
5. Following regulations rather than giving in to the emotional demands of the patient's family member.
Sources
HHS.gov. Health Information Privacy. Your Rights Under HIPAA. Found online at: https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
HHS.gov. Health Information Privacy. If I do not object, can my health provider share or discuss my health information with my family, friends, or others involved in my care or payment for my care? https://www.hhs.gov/hipaa/for-individuals/faq/523/can-my-health-care-provider-share-or-discuss-my-health-information-with-my-family/index.html
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