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Is This a HIPAA Violation?

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

I recently discovered that my daughter's dad and stepmom have been taking her to a different doctor than the one he told me she was seeing, and stepmom has been taking my daughter to a therapist. My daughter told me that stepmom takes her to a therapist every week. Her dad took her once, and it was not for the first visit either.

Dad has sole legal custody right now. My question is this, if stepmom is a legal stranger to the child does she have a right to attend doctor's appointments with my daughter, and speak to the therapist about my daughter's progress? I think that my daughter's father should go to the appointments, or ask me to take her to the appointments since I am our daughter's mother. Isn't it a HIPAA violation for the doctor or the therapist to disclose our daughter's medical information to her stepmom?
 


If stepmom made the original appointments with the doctor and therapist and took my daughter to them without dad being there to sign anything is that a violation?

I know this may be a family law question. It seems like such a fine line.
 

Zigner

Senior Member, Non-Attorney
If stepmom made the original appointments with the doctor and therapist and took my daughter to them without dad being there to sign anything is that a violation?

I know this may be a family law question. It seems like such a fine line.
My wife has full power of attorney on my behalf for this sort of thing...
 

Just Blue

Senior Member
If stepmom made the original appointments with the doctor and therapist and took my daughter to them without dad being there to sign anything is that a violation?
I know this may be a family law question. It seems like such a fine line.
IS this what happened? Have you reviewed your daughter medical records??
 
IS this what happened? Have you reviewed your daughter medical records??
The consent form in the medical file was signed by stepmom. I don't know who signed the consent for the therapist. The last therapist called me to come in and sign a form. She said that it was important to keep both parents involved. The new therapist did not have my health insurance information for our daughter, and since dad was not at any of the appointments prior to last week I am only guessing that stepmom signed that form too.
 

Zigner

Senior Member, Non-Attorney
The consent form in the medical file was signed by stepmom. I don't know who signed the consent for the therapist. The last therapist called me to come in and sign a form. She said that it was important to keep both parents involved. The new therapist did not have my health insurance information for our daughter, and since dad was not at any of the appointments prior to last week I am only guessing that stepmom signed that form too.
Ok, how do you KNOW that Dad hasn't given permission?
Also, since your question is relating to HIPAA, I would venture that even a verbal authorization would be enough to keep the doc off the hook...
 

cbg

I'm a Northern Girl
The law does not say who can and who cannot take a child to an appointment.

The law does not say that only a birth parent can receive information.

The law says ONLY that there must be a written authorization from the patient or the patient's parent or legal guardian, if a minor, before a third party can receive medical information.

The parent or legal guardian does NOT, in these days of overnight mails, scanners, and pdf files, have to be physically present at the doctor's office to sign an authorization. I gave my doctor permission to release my medical information to my husband, mother and sister, by mail.

If your child's father has provided such an authorization to the doctor for the child's stepmother, it is 100% legal and not a violation of anything. The fact that you think only you or the child's father should be allowed to take her to an appointment or receive her information does not make it illegal.
 
The law does not say who can and who cannot take a child to an appointment.

The law does not say that only a birth parent can receive information.

The law says ONLY that there must be a written authorization from the patient or the patient's parent or legal guardian, if a minor, before a third party can receive medical information.
The parent or legal guardian does NOT, in these days of overnight mails, scanners, and pdf files, have to be physically present at the doctor's office to sign an authorization. I gave my doctor permission to release my medical information to my husband, mother and sister, by mail.

If your child's father has provided such an authorization to the doctor for the child's stepmother, it is 100% legal and not a violation of anything. The fact that you think only you or the child's father should be allowed to take her to an appointment or receive her information does not make it illegal.
I am asking about HIPAA because I read the file and there is nothing in it signed by, written by, or pertaining to my ex aside from an emergency contact number and a form for insurance that has his name on it as the primary member. My insurance information was not even in the record until I put it there.

I did not say that only my ex or I should be allowed to take our daughter to the doctor. I asked if under HIPAA stepmom could give them permission to treat our daughter, and speak to her doctor or therapist and receive private information? In this situation I have not seen anything signed by my ex giving them permission to treat our daughter, or to release information to stepmom.
 

cbg

I'm a Northern Girl
Of course you haven't. Where did you get the idea that they have to show you the authorizations the dad has signed?
 

lya

Senior Member
This question has nothing to do with HIPAA. HIPAA provides for the protection of personal health information, not permmission to treat.

It borders on ridiculous to think that the spouse of the parent with sole custody would not know the PHI of the child or that the stepparent would not be involved in healthcare for the child as an authorized person to receive and provide information about the child.

The answer to the original poster's question is a simple, "no".
 
Ok, back to what *I* said -

Does SM have power of attorney?
Sorry, I missed your question before.
No, Stepmom does not have power of attorney.


Of course you haven't. Where did you get the idea that they have to show you the authorizations the dad has signed?
I looked at the entire file. The authorizations in the file were signed by her stepmom, not her dad.

This question has nothing to do with HIPAA. HIPAA provides for the protection of personal health information, not permmission to treat.

It borders on ridiculous to think that the spouse of the parent with sole custody would not know the PHI of the child or that the stepparent would not be involved in healthcare for the child as an authorized person to receive and provide information about the child.

The answer to the original poster's question is a simple, "no".
I asked about HIPAA becasue of the privacy part of this. Stepmom is a legal stranger. There is not a POA in effect. Stepmom changed doctors and my ex did not tell me. Stepmom signed papers at the doctor's office giving them permission to treat my daughter (yes, I know it is dad's child too, but if I say our child it sounds like mine and stepmoms!).

I know that she does not have legal authority to sign those papers because she is a step. I was wondering if it was a HIPAA violation for the doctor or counselor to discuss my daughter's health with her.
 

Zigner

Senior Member, Non-Attorney
How do you KNOW there is no POA in effect?
(You really ought to concentrate on more important matters...)
 

momm2500

Member
ok, the child lives with dad and stepmom. so step-mom deals with daughter on a daily basis. i am sorry but does she also have to ask your permission to take the daughter to school and her after school activities? she has taken your daughter to the therapist. maybe you daughter is having a hard time dealing with the fact that her parents are divorced or has emotional needs that have to be taken care of. i do not believe that the step-mom has stepped out of line in anything that she is doing. if daughter falls are you expecting step mom to call you and get your permission to take her to the ER? this is so trivial! maybe you should just help your daughter with what ever problems she is having instead of creating them for her. and the answer to your question is NO it is not a violation of HIPAA! just remember she is married to the daughters (custodial parent) father!
 

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