My son
(at a state University) had to sign release forms both with the business
office and the health service at his university stating that his father and I
could have access to his records.
Without his signature (notarized, actually) on that form, I would have
no more right to his schedule/tuition/grades/health service records than a
stranger’s.
Valerie
Ruedy
Dakota
County Information Technology
(651)
438-8426
[EMAIL PROTECTED]
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-----Original
Message-----
From: Mendel,
Linda R. [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 3:40
PM
To: WEDI SNIP Privacy
Workgroup List
Subject: RE:
Parent Inquiries and HIPAA
Deborah,
I agree with your assessment of the risk. But, from what I've
seen in the sample NPPs put out by TPAs, many TPAs are taking a
pretty broad view of 510(b).
-----Original
Message-----
From: Drexler,
Deborah (EHS) [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 4:19
PM
To: WEDI SNIP Privacy
Workgroup List
Subject: FW:
Parent Inquiries and HIPAA
The only thing that
might help you is the 510(b) "involvement in the individual's care."
And that's only a maybe.
Tread carefully
here. Besides the very limited 510(b) exception, which may or may not
even apply here, a person technically has no more right to her
adult daughter's PHI than she does to her neighbor's PHI. And
this is an area fraught with legal liability. College-aged students are
doing all sorts of things they don't want their parents to know about.
Woe to the entity that discloses to the parent of a college student that the
student had an AIDS test, an STD diagnosis, an abortion, even substance abuse
counseling...
Deborah
L. Drexler, Esq.
HIPAA
Program Consultant
Executive
Office Health Human Services
One
Ashburton Place
Boston
MA 02108
617-727-7600
[EMAIL PROTECTED]
-----Original
Message-----
From: dale
pocklington [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 3:41
PM
To: WEDI SNIP Privacy
Workgroup List
Subject:
Parent Inquiries and HIPAA
I have a privacy related
question that I just can't seem to find a specific answer for. I am dealing
with a TPA/Broker type environment that has about 80% of the calls from
non-providers whose parents are calling on behalf of their adult
college-aged children. This is probably because the students either don't
understand the insurance process, don't have time to handle their claims, or
because the parents still handle all the child's finances. The nature of the
calls are everything from claims payment status to inquiries about problems. I
can't find anything in the HIPAA privacy regs. that specifically addresses
this issue. Mostly, I have found language regarding being a "personal
representative". However, that seems to address minor children, or situations
where the parent has some sort of legal authority over an adult
child.
My question is, under
HIPAA, is there any sort of language or interpretation that allows/covers the
above situation whereby we do not have to get the insured's consent to discuss
his or her claim with their parents?
Dale W. Pocklington, MS,
MHA, CDIA, CCA
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