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  1. #1
    kristyza@hotmai is offline Junior Member
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    Exclamation Hipaa violation?

    What is the name of your state, ARIZONA (only U.S. law)?


    Hello. I need to know if this his HIPAA violation. My son, whom is 4 yrs old has a primary pediatricians office. His father and I have divorced, and his father has since then married. He and his new wife decided to change up his doctors office on me w/o me knowing. Anyways, his wife has given the "new" medical offices the impression that she is the biological mother, and my ex husband is giving the same impression. Now, I know the hospital is not at fault if they are under that impression, but is the new wife invading the privacy act? If the Offices are under the impression she is the mother, there would be no "sign and consent form" that they would have had to sign on for registration. She has put her information on all slots necessary where mine should go, and has taken my son into appointments without my ex husband being present, and my knowledge of them doing so. I am aware of how HIPAA works, however I just want to get other's opinions and knowledge as well.What is the name of your state (only U.S. law)?
  2. #2
    Perky is offline Senior Member
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    Quote Originally Posted by kristyza@hotmai View Post
    What is the name of your state, ARIZONA (only U.S. law)?


    Hello. I need to know if this his HIPAA violation. My son, whom is 4 yrs old has a primary pediatricians office. His father and I have divorced, and his father has since then married. He and his new wife decided to change up his doctors office on me w/o me knowing. Anyways, his wife has given the "new" medical offices the impression that she is the biological mother, and my ex husband is giving the same impression. Now, I know the hospital is not at fault if they are under that impression, but is the new wife invading the privacy act? If the Offices are under the impression she is the mother, there would be no "sign and consent form" that they would have had to sign on for registration. She has put her information on all slots necessary where mine should go, and has taken my son into appointments without my ex husband being present, and my knowledge of them doing so. I am aware of how HIPAA works, however I just want to get other's opinions and knowledge as well.What is the name of your state (only U.S. law)?
    The stepmother is not bound by HIPAA regulations.
  3. #3
    justalayman is offline Senior Member
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    who has legal custody of the child?

    have you contacted the new doctors office to inform them that Mrs. whatever is not a parent of the child and that you are the mother?


    do you realize that even if there is a HIPAA violation, it is an issue between the possible violator and the federal government.
  4. #4
    randolph76 is offline Member
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    What does your parenting agreement court order say? There may be a section that says you HAVE to be on medical records. You could pursue contempt, if that's the case.

    It could possibly be a Privacy Act violation. But I think a simpler solution would be to contact the doctor's office and inform them that the information they have on file is incorrect and that you do not want them sharing information with this imposter.

    This is really overstepping the line for stepmom
  5. #5
    ecmst12 is offline Senior Member
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    I see no violation. It is never against HIPAA to ASK for information. It's against it to DISCLOSE it improperly. The only people bound by HIPAA are health care professionals and others who have access to your medical information in the course of their job. You need to contact all the offices and make sure they know that you are the mother and that you want copies of all information that they have.

    Your ex is allowed to allow his wife to take the child to the doctor and he is allowed to consent to her receiving information, you can't stiop that. All you can do is ask to be kept in the loop...and it's possible that they won't be perfect about remembering to contact you every time he comes in without you. You will probably have to contact them if you think he's been there.
  6. #6
    kristyza@hotmai is offline Junior Member
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    The custody is 50/50. He has final decision, however we are both to be informed of medical visits, appointments, and equally have access to information. Now, if someone had called me, while I was working at an Health Insurance company, requesting health information and whom is not the "child's" guardian or legal parent, I would have to turn them down, unless I had verbal authorization from either Father or the Mother, or have a written Consent form on file from the Father indicating he is allowing the stepmother to be treated or to receive medical information on my son. The problem is, they both have willfully made an impression to these medical practitioners that she is the biological mother, therefor, there would be no written consent form on file, and the practitioners would have no recollection of whom I , the biological mother, so when it would be time for his well check up, his wife can bring my son in, pretend she is me, ( at this point no verbal okay has been done because of this false identification she is acting on ) and she is able to have my son diagnosed based on her words.
  7. #7
    kristyza@hotmai is offline Junior Member
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    Trust me, I had to do my research to find out where my son had been medically treated other than North Scottsdale, and when I had found this out, I immediately informed the other Medical Clinics that she is not the biological mother.
  8. #8
    Proserpina is offline Senior Member
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    It's still not a HIPAA violation.
  9. #9
    kristyza@hotmai is offline Junior Member
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    Okay so maybe it is not a HIPAA violation, however has the ex wife violated the Federal Privacy Act that Hospitals are suppose to ensure is never threatened with their HIPAA Law?
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by kristyza@hotmai View Post
    Okay so maybe it is not a HIPAA violation, however has the ex wife violated the Federal Privacy Act that Hospitals are suppose to ensure is never threatened with their HIPAA Law?
    You mean this privacy act: http://www.ftc.gov/foia/privacy_act.shtm

    The Privacy Act of 1974 does not protect the privacy of your records that are not maintained by the federal government (e.g., credit report, bank account and medical records). Nonetheless, your non-governmental records may be protected by other federal and state laws, including statutes enforced by the FTC
    or was there some other Privacy Act you were referring to?
  11. #11
    kristyza@hotmai is offline Junior Member
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    I am referring to the Privacy Act that you posted a link to.
  12. #12
    kristyza@hotmai is offline Junior Member
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    No sorry haha, there is another Federal Privacy and Portability Act that is associated with HIPAA, which Medical Practitioners provide to enrolling patients to fill out to protect their privacy
  13. #13
    kristyza@hotmai is offline Junior Member
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    Never mind, it is HIPPA... so my only question then would be, if the Medical Practitioners knew that this was the step mother, and there was not SIGN AND CONSENT FORM on file from the Father, and no Verbal okay from either myself or the father for her to take my son to be treated, or to gather medical records, the release of those records to her if the Office is indeed aware she is not THE MOTHER, then that would be a HIPAA violation on the Hospitals side? But I believe this would go along the lines of FRAUD with the stepmother, because she is assuming the identity of myself with the intent of knowing she is doing just so. she is signing her name in legal guardian slots where my information is supposed to go. My ex husband would be in contempt of the courts for not properly assigning my name to emergency contacts, or informing me of such visits as well. Where would punishment lie legally with this situation?
  14. #14
    Proserpina is offline Senior Member
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    Quote Originally Posted by kristyza@hotmai View Post
    Never mind, it is HIPPA... so my only question then would be, if the Medical Practitioners knew that this was the step mother, and there was not SIGN AND CONSENT FORM on file from the Father, and no Verbal okay from either myself or the father for her to take my son to be treated, or to gather medical records, the release of those records to her if the Office is indeed aware she is not THE MOTHER, then that would be a HIPAA violation on the Hospitals side? But I believe this would go along the lines of FRAUD with the stepmother, because she is assuming the identity of myself with the intent of knowing she is doing just so. she is signing her name in legal guardian slots where my information is supposed to go. My ex husband would be in contempt of the courts for not properly assigning my name to emergency contacts, or informing me of such visits as well. Where would punishment lie legally with this situation?


    He'd get a slap on the wrist in family court.

    Forget HIPAA. Even IF there is a violation, the matter would be handled outside of your involvement and you likely would never know the end result anyway.

    There's certainly no money in it.
  15. #15
    kristyza@hotmai is offline Junior Member
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    Ya, well we are currently going through a custody battle right now, and how do you think all this non sense will alter the judges opinion?

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