From http://www.thetandd.com/articles/2005/01/09/news/doc41e0c4be64daa123654908.txt

HIPAA: Do you know what I know?

By HARRIS MURRAY, T&D Columnist

About a year ago, my friend Jonathan, in a quest for enlightenment and clarity, politely challenged an authority in his life. Jonathan, 18 years old at the time, had been informed that he and his classmates could not watch a PG-13 movie, even though several other older adults in the crowd wanted to watch the movie.

"Sir," Jonathan said, "I am 18 years old, and I can fight for my country and die in battle. I am considered a legal adult in almost every facet of my life. Are you saying that I cannot watch a PG-13 movie?" The stern answer from the adult in charge was a cold, "Son, I do not have to answer to you."

I'm learning the tables can be turned the other way. Do you know what I know about HIPAA? HIPAA is the federal law providing privacy to health records, and I agree in principle with its intent; but recent experiences leave me aghast at the extent to which this law interferes with my responsibilities as a parent who is continuing to financially support my 19-year-old adult child.

Incident number one: a visit to the emergency room after a knee injury. The medical clerk addresses my daughter with each question as if I am not even in the room. My daughter turns to me for the answers to most of the questions. The clerk never acknowledges me. Finally, she asks my daughter if I am her mother and if she gives permission for me to have access to her medical information.

Incident number two: a visit to the orthopedist's office. The clerk informs me that there is a balance on my daughter's account from an earlier visit. I ask her to print a copy of the invoice so that I can verify insurance payment before finalizing the payment. She directs me to another office to get a copy of the invoice.

As I am heading to the other office, I meet an employee at the door with the invoice in hand. I ask her if that is my daughter's invoice. She looks at me intently and asks, "Who are you?" I answer that I am the mother, and she says, "I don't know if I can give this to you or not."

Like my friend Jonathan, I challenge her authority and inform her that since my daughter is covered on my insurance and I am responsible for payment, it might be important that I receive it. Nonetheless, she moves beyond me to the other clerk to verify that I may have access to my child's medical information.

Incident number three: the hospital billing office calls and leaves a message at my home. I return the call and am questioned at length as to whether I have the authority to speak about my daughter's medical billing. I inform him that my name is on the "A list" of her accounts.

Every year, my husband and I claim our adult daughter as a dependent. We pay her tuition fees. We support her financially with a monthly allowance. We pay many of her bills. We provide her with housing and food. She is covered under our medical insurance policies. We are the responsible party. While she indeed may be "legal" in the law's eyes, she is not yet independent.

But HIPAA gives all the authority to her, even though she is still a dependent adult. Like the stern adult in Jonathan's experience, HIPAA gives every medical agency the right to look into my eyes and say, "Lady, I do not have to answer to you."

Now that you know what I know about HIPAA, make sure you are on your independent dependent adult's "A List" where medical records are concerned. It's the only way around an inane aspect of a law that neglects to recognize the fundamental rights and responsibilities of parents.