HIPAA Laws?

Question

Not sure if I spelled that right, but the privacy laws from the hospitals is what I am talking about. I had a procedure done on Thursday October 12th to look down my esophagus because I accidentally swallowed a chicken bone and it got stuck in my throat. Anyways, while I was under anesthesia, the hospital released pictures of my surgery to my mom and my aunt without my consent. I am super po'd at them because my aunt is showing everyone those pictures and I really would have rather not had them at all. Isn't them releasing that a violation of the HIPAA laws if I didn't sign a consent form for it? Thanks

Oops I am 31 years old.

And I did sign a HIPAA form saying that they do not release information to others. My aunt and mother were both at the hospital with me, that is how she got the pictures. I am mad at my aunt for showing them and I know that part isn't the hosptals fault but they should not have released them in the first place.

Answer 1

If you are underage your next of kin which is usually your parent or parents is in charge and the doctor will confer with them. What your aunt does after receiving the pictures from your parents is up to her. Your parents have some responsibility there.

If you are an adult, the Privacy Practices form can be signed NO to not allow your medical records to include x-rays, lab test results, etc.., to be released to anyone but you.

If YOU signed the HIPAA form and they still gave the info to your mom, it is a violation of the law. But YOU had to be clear whether or not your mom could or couldn't share in the info.

Answer 2

Are you a minor? If so, your mother is your legal guardian and is entitled to your medical information. Once in her hands the hospital is in no way responsible for what she does with the information, whether she gives it to your aunt or to the news station to broadcast world wide.

If you are an adult, 18 or older, then you may have a legitimate complaint that you can make to the hospital. This is the tricky spot: if your mom is paying for your insurance and medical care she may still be entitled to you medial information even if you're over 18 (this is a muddy point that I'm not sure of). Contact the Vice President of the GI lab. Call the manager to get the VP's name and phone number (they deserve to know what happened first hand). The VP should be able to tell you who your best hospital contact is regarding HIPPA violations.

We take your privacy very seriously and if HIPPA was violated it will be treated as a very important issue.

IF your privacy was violated and the hospital is at fault, you deserve an aplogy from the staff or physician who betrayed your patient rights. If the hospital is not at fault, then your mom and your aunt owe you an apology. Regardless of fault, I think your mom and your aunt both owe you an apology.

Answer 3

Your aunt and your mother are apart of your family correct? If you are underage then they can do that, well, your mom can see them anyway. However, I think your aunt going around showing everyone is a wrong thing to do. This is more of a personal problem than one dealing with HIPAA laws. Check their website though.

Answer 4

Its a shame she didn't go to planned parenthood. They only charge 425 for the pills and that includes everything, blood work, the pills, antibiotics, ultra sounds, first months birth control and also it would cover the cost of the SURGICAL abortion in the unlikely case it doesn't work (which I believe its 97 out of 100 woman it was successful) They will not give you the pill twice. You are made to sign a paper saying if the pill does not work, you get the the surgery. As far as I can tell she's lying. At least about the second pill. Uh... And weird about her uncle being her gyno... Ewwww

Answer 5

It depends on your age... if you are underage they can release them to your mom.. not sure how your Aunt got them.. are you sure your mom didn't give them to your Aunt... if you are 18 or over then yes it is a violation and you should definitely do something about it.

Answer 6

You are 100% right. Call a lawyer & sue the heck out of that hospital. It's medical malpractice. They will settle out of court to shut u up & not make them look bad.

Answer 7

Depends on your age & I don't know where you live but it may not apply to family members, I think it only applies to insurance companies, other physicians, employers, etc....

Answer 8

YES , THIS IS IN DIRECT VIOLATION OF HIPPA