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Do you know what I know about HIPAA? |
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Do you know what I know about HIPAA?
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.
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