dui advice

[vickie d]

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

My son, who is now 20, got a DUI several months ago. He is using a public defender to represent him. I called the office to make him an appointment. He had already tried and got very flustered and just hung up. I called back identified myself and my son as an adult and i made an appointment with the defender on voicemail. We received a call back within 10 minutes and the defenders assistant was upset with my son that I had made an appointment for him stating that "my boss could lose her license by violating HIPPA regulations by having me make an appointment for him." I did not give or ask any personal information except provide his case number. I feel that this was an incorrect statement. Can you tell me if they are correct. I did not intentionally do anything wrong. Please advise me if I made a mistake or if they are being very sensitive to the HIPPA regulations. Thank you

 

[dave33]

I cannot see how you did anything wrong. Public defenders are notoriously hard to get an appointment with.

 

[cyjeff]

I can.

Son is a legal adult. Mom is no longer his guardian. The specifics of his case are between Son and lawyer... alone.

If Son wants to tell Mom, he can.

 

[dave33]

I agree that if mom made an appointment, went alone and discuused the case without a release that could certainly be a problem. My understanding from the post was that mom was trying to make an appointment for the son. I cannot see anything wrong with that, although maybe I am misunderstanding the post.

 

[vickie d]

i did not discuss anything with the voicemail machine., I only made an appointment using his case number.. which naturally i have access to. I talked to no one. I realize he is twenty and he should be doing this himself but he was uptight and ashamed about this whole situation as am I. But, reguardless, he needed an appointment. I do not feel I violated the HIPPA policy by doing this and just wanted to know if I did. The assistant sure thought so.

 

[Antigone*]

i did not discuss anything with the voicemail machine., I only made an appointment using his case number.. which naturally i have access to. I talked to no one. I realize he is twenty and he should be doing this himself but he was uptight and ashamed about this whole situation as am I. But, reguardless, he needed an appointment. I do not feel I violated the HIPPA policy by doing this and just wanted to know if I did. The assistant sure thought so.

So, why does your son need you to hold his hand? He certainly did not need your assistance to break the law, and more than one at that

 

[vickie d]

i believe we have wandered off the subject i was asking. which is " is it against HIPPA regulations to make an appointment for a "legal adult" with a public defender." Did i cross any legal lines.

The debate is not about what my son did or did not do to make his mistake only that we are interested in owing up to it and coming out a smarter, more mature person for it, but thank you for your opinion.

 

[justalayman]

No, it is not against HIPAA regs, especially since HIPAA laws are in regards to medical information. About the only place that would apply with a DUI would be the medical test results but if your son gave you the information or permission to be given the information from those restricted by HIPAA regs, there is nothing illegal or improper in you obtaining information about your son.

You calling to make an appointment has nothing to do with HIPAA. There is nothing illegal about you making an appointment for your son. It tends to show a level of immaturity on your sons behalf which could have a negative impact on his case but it isn't illegal.

Heck, secretaries do this kind of thing all the time.

 

[Antigone*]

i believe we have wandered off the subject i was asking. which is " is it against HIPPA regulations to make an appointment for a "legal adult" with a public defender." Did i cross any legal lines.

The debate is not about what my son did or did not do to make his mistake only that we are interested in owing up to it and coming out a smarter, more mature person for it, but thank you for your opinion.

This has nothing to do with HIPPA.