HIPAA Violations Basic Civil rights Violations or both or None?

[AMBERS1280@YAHO]

Indiana

I recently was admitted to the Emergency Room (ER) at my local hospital for multiple seizures in one night. I had 4 actually in one night , compared to my normal history of 1 , and the most I have had is 2 in a 10 hour period. So my partner calls 911 at 3 AM and the paramedics rush me to the ER. At the time I was very confused and and basically unresponsive but vital signs were okay including heartbeat, pulse, blood sugar and other basic tests, but due to my confusion and state of being they rushed me to the ER . Well I spent the next 4 days in the hospital still very confused and slept almost the entire time. Here are the questions I have concerning this post. Unknown to me i was given a drug screen. I was positive for Amphetimines and opiates both of these I have legitimate prescriptions for and the ER was notified of these medications and prescriptions for them well before this social worker was called . Well the hospital decided to assign a social worker to me, which I never spoke to at all , and may have got some second hand info from a family member about my past. Well either this social worker or someone else from the hospital called DCS or CPS to some the child protection agency in my state , and filed a neglect or child endangerment case for my child. Is this a violation of HIPAA or my rights period . I find this outrageous and a unlawful and unfounded claim. Please forgive the length and and any misspellings of my post. let me add when these seizures ocured my live in partner parent of my child was home, sober as always and in complete control of the situation with our child. he called the paramedics formy seizures. My trip to the ER had anything to do with drugs or alcohol . now DCS has an open investigation into my families lives due to over zealous hospital workers reporting me for alleged drug use which i was legallyperscribed. My child was in no way in any type of danger or ever has been.

 

[menchari]

It is actualy Disability discrimination. According to a federal research that was done for the Obama administration there is about an 80% removal rate for families with disabilties do to bias and discrimnation. I forget the name of the document but there is a link to the outfit that did it somewhere on the ADA section of the DOJ website.

You can do a HIPPA or disability complaint to the hospital administration (find out their grievance procedures first) You can also contact the appropiate state agency covering the hospital. You can also file a title II ADA complaint on the hospital and children services though they rarely step in if you do.

In either case find your nearest disability advocate agency ASAP. Hopefully there is one near you.
Heck try the ACLU also as they do disabilty discrimination as well.

 

[Zigner]

It is actualy Disability discrimination. According to a federal research that was done for the Obama administration there is about an 80% removal rate for families with disabilties do to bias and discrimnation. I forget the name of the document but there is a link to the outfit that did it somewhere on the ADA section of the DOJ website.

You can do a HIPPA or disability complaint to the hospital administration (find out their grievance procedures first) You can also contact the appropiate state agency covering the hospital. You can also file a title II ADA complaint on the hospital and children services though they rarely step in if you do.

In either case find your nearest disability advocate agency ASAP. Hopefully there is one near you.
Heck try the ACLU also as they do disabilty discrimination as well.

menchari - you're just plain wrong here. Where do you come up with this stuff?

The hospital assigned a social worker to the OP (nothing wrong with that). The social worker is a mandated reporter and saw something that made him/her feel the need to make a report (nothing wrong with that). DCS is investigating (nothing wrong with that).

There was no HIPAA violation and there is no disability discrimination.

 

[Proserpina]

It is actualy Disability discrimination. According to a federal research that was done for the Obama administration there is about an 80% removal rate for families with disabilties do to bias and discrimnation. I forget the name of the document but there is a link to the outfit that did it somewhere on the ADA section of the DOJ website.

You can do a HIPPA or disability complaint to the hospital administration (find out their grievance procedures first) You can also contact the appropiate state agency covering the hospital. You can also file a title II ADA complaint on the hospital and children services though they rarely step in if you do.

In either case find your nearest disability advocate agency ASAP. Hopefully there is one near you.
Heck try the ACLU also as they do disabilty discrimination as well.

What in the world?!

NO. Just. STOP.

 

[tranquility]

I agree with the others. There is no legal tort here. Not even close..

While we can agree or disagree as to how much Government can intrude in our lives, nothing here is untoward.

 

[menchari]

Here is a link for the Research paper called "Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children." It has a lot of useful information for Parents with disabilities, how they are treated, bias, discrimination, laws, Federal cases in footnotes etc.

It is a very serious problem and is a must read for those who are disabled or knows someone who is disabled.
It shows how the disabled and their families are treated in a way very similar to how african americans were treated.

http://www.ncd.gov/publications/2012/Sep272012/


Keep in mind this is a research paper and not a legal how to.

 

[LdiJ]

I agree with the others. There is no legal tort here. Not even close..

While we can agree or disagree as to how much Government can intrude in our lives, nothing here is untoward.

A hospital social worker getting CPS involved when the social worker knew, or should have known had they properly investigated, that the drugs in the patient's system were legally prescribed, sounds a bit tort like to me.

 

[tranquility]

A hospital social worker getting CPS involved when the social worker knew, or should have known had they properly investigated, that the drugs in the patient's system were legally prescribed, sounds a bit tort like to me.

What tort is that?

 

[csi7]

This is one time where your trip to ER is going to give you a lot of extra forms, paperwork, and not so kind memories.

The ER files forms after they are filled out, those forms cross the administration offices of different staff, and then, the state agencies get involved based upon the referral made from the original documentation. What this means is that the person who checked the box may or may not be in the ER itself.

This is one reason when doing ER visits, it is better to have a person who is calm, focused, and able to maintain attention be present. One ER visit ended up with license being placed on medical hold without any documentation (no work was done in the ER, nothing, except that the ER physician took the license and sent the copy to the state medical review board). In the end, that physician admitted their deed, but the cost, so far, some of which has been written off is well over $20,000.00, for an ER visit where nothing was done for the patient.

Now that you are aware that other agencies can be involved in ER situations, or even in any medical situation, it is a good reminder to keep your medications listed, doctor's information available, and your information current. It will save a lot of back and forth steps.

Best wishes with the investigation, paper work, and keep track. You may need the information in the future.

 

[CdwJava]

A hospital social worker getting CPS involved when the social worker knew, or should have known had they properly investigated, that the drugs in the patient's system were legally prescribed, sounds a bit tort like to me.

Most prescription meds will - when taken as prescribed - be present at relatively low levels (such that they would not show on a criminal justice screen, and very low or non-existent on a hospital screen). They may also NOT be recommended for a woman who is pregnant. Intentionally ingesting substances that can harm the fetus can be criminal in many states, and can even result in a newborn being taken away (as was the case here, it seems).

And the odds of a social worker knowing a patient's prescription medical history is slim to none. Likewise a nurse or hospital tech that made a report. Full records are not always available in ER situations, and patients that tend to utilize emergency services rather than a primary physician often have incomplete records to begin with.

When in doubt, the matter should be reported. The law and policy will govern what occurs after that report. But, understand that mandated reporters can be criminally prosecuted for NOT reporting suspected child abuse, and if doping an unborn child is a crime in the OP's state, then it is likely that the observers of this situation had no choice but to make the report.

 

[tranquility]

Most prescription meds will - when taken as prescribed - be present at relatively low levels (such that they would not show on a criminal justice screen, and very low or non-existent on a hospital screen). They may also NOT be recommended for a woman who is pregnant. Intentionally ingesting substances that can harm the fetus can be criminal in many states, and can even result in a newborn being taken away (as was the case here, it seems).

And the odds of a social worker knowing a patient's prescription medical history is slim to none. Likewise a nurse or hospital tech that made a report. Full records are not always available in ER situations, and patients that tend to utilize emergency services rather than a primary physician often have incomplete records to begin with.

When in doubt, the matter should be reported. The law and policy will govern what occurs after that report. But, understand that mandated reporters can be criminally prosecuted for NOT reporting suspected child abuse, and if doping an unborn child is a crime in the OP's state, then it is likely that the observers of this situation had no choice but to make the report.

There are certainly factual issues here. I am uncertain over what would show on a screen, nor am I certain there is a pregnancy here. The more likely factual issue for a person incoherent for days is an overdose for fun or purpose of prescribed medication.

More important, if I think a store is getting robbed, I don't have to do more investigation before calling the police. Even if I am a security guard. There are immunity protections at worst. If the Social Worker actually knew there was not a problem and reported maliciously, that is one thing. Unless you can prove that, nothing.

 

[CdwJava]

@Tranq, I tried to reply to your PM but apparently your in and out boxes are full.

 

[tranquility]

@Tranq, I tried to reply to your PM but apparently your in and out boxes are full.

While I don't think I was full, it is now cleared. Sorry.

 

[I'mTheFather]

Indiana

I recently was admitted to the Emergency Room (ER) at my local hospital for multiple seizures in one night. I had 4 actually in one night , compared to my normal history of 1 , and the most I have had is 2 in a 10 hour period. So my partner calls 911 at 3 AM and the paramedics rush me to the ER. At the time I was very confused and and basically unresponsive but vital signs were okay including heartbeat, pulse, blood sugar and other basic tests, but due to my confusion and state of being they rushed me to the ER . Well I spent the next 4 days in the hospital still very confused and slept almost the entire time. Here are the questions I have concerning this post. Unknown to me i was given a drug screen. I was positive for Amphetimines and opiates both of these I have legitimate prescriptions for and the ER was notified of these medications and prescriptions for them well before this social worker was called . Well the hospital decided to assign a social worker to me, which I never spoke to at all , and may have got some second hand info from a family member about my past. Well either this social worker or someone else from the hospital called DCS or CPS to some the child protection agency in my state , and filed a neglect or child endangerment case for my child. Is this a violation of HIPAA or my rights period . I find this outrageous and a unlawful and unfounded claim. Please forgive the length and and any misspellings of my post. let me add when these seizures ocured my live in partner parent of my child was home, sober as always and in complete control of the situation with our child. he called the paramedics formy seizures. My trip to the ER had anything to do with drugs or alcohol . now DCS has an open investigation into my families lives due to over zealous hospital workers reporting me for alleged drug use which i was legallyperscribed. My child was in no way in any type of danger or ever has been.

If your past includes abuse of prescription drugs, then the social worker was exercising diligence in reporting the incident.