does the federal law HIPAA apply to prision systems and how can I inquire about my brother's health?

Question

I called the correctional instition where my brother is being held to inquire about his health and was told that even with his DC number they could not under federal law disclose this information without conformation of who I am and upon questioning about wich law this was I was told the law was HIPAA but others have told me that this law only applys to hospitals and not prisions if anyone with a law degree or knowledge of this subject could help me out here it would be most appreciatted

his family members have been getting conflicting messages of his whereabouts and health since Monday & some outright untruths as his nightly calls have stopped suddenly,cooperative people have changed demeanor and are unwilling to help or respond to our questions and he is under constant harassment and threat he cannot be moved to another prision how can we insure his safety?

Answer 1

HIPPA: Health Insurance Portability and Accountability Act of 1996 applies to any entity that is a health care provider that conducts certain transactions in electronic form, a health care clearing house or a health plan. I'm assuming that since the prison has a health care provider and there records are kept in some sort of electronic form that they are covered under HIPPA. Check this website out: http://www.hhs.gov/ocr/hipaa/

I'm not sure why you would need your brothers medical information but you could call the prison back and ask them how and if you can obtain that info. Power of Attorney applies to everything in his life so I'm not sure that he would sign that over to you.

Answer 2

HIPAA applies to every health provider of every sort. You can't just call up a place and get information on a person. You have to have the patient's permission in writing on file at the place you inquire. So why not ask your brother?

Answer 3

My agency works with people in the criminal justice system, including prisons.

HIPPA applies ALL health providers and info gatherers (doctors, health insurance, hospitals, health spending accts, medicare, etc). Since you called the prison to ask about his health, they shut you down. Prisons have their own health systems, by the way, so the same law applies.

You would need to find out from the prison if you can get permission from your brother to get info about his health. He probably would need to sign something.

Or, ask him to send you a letter letting him know how he is, assuming he is not so sick that he can't do that.

Answer 4

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Answer 5

Nope, it's for all medical-related information, whether its your pharmacist or the hospital or the prison.

Your brother can sign a paper allowing you access.

Answer 6

HIPAA is there to protect individual privacy...have your brother sign something authorizing you to find out about his health

Answer 7

You brother could give you Durable Power of Attorney, and you could then find out, also, your brother could sign waiver allowing you to have access to his medical records.

Answer 8

I work in health care and I believe it does not apply to your incarcerated brother. Sorry!