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HIPAA with regard to sharing of medical information

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DLR15

New member
Hello, I am from New Mexico.

I recently was taken to an ER by ambulance after a bout of vomiting. Per protocol, the ER tested me for drugs and/or alcohol; everything was negative. The ER then transported me to a sister hospital, where I became an inpatient. The hospitalist there stated that even though I tested negative for alcohol or any other substance, he believed me to have an alcohol use disorder based on my lab work and electrolyte profile. He then said he would be contacting my PCP to discuss this information and "create a plan." He asked who my PCP was. I replied that I did not wish to disclose this information. He said simply shrugged and said he would find it anyway. He left the room stating that he would call my PCP first thing when he got to his office. I did not sign any consents with regard to sharing any of my information with outside entities, be they medical or otherwise. Is this legal under HIPAA?
 


justalayman

Senior Member
Hello, I am from New Mexico.

I recently was taken to an ER by ambulance after a bout of vomiting. Per protocol, the ER tested me for drugs and/or alcohol; everything was negative. The ER then transported me to a sister hospital, where I became an inpatient. The hospitalist there stated that even though I tested negative for alcohol or any other substance, he believed me to have an alcohol use disorder based on my lab work and electrolyte profile. He then said he would be contacting my PCP to discuss this information and "create a plan." He asked who my PCP was. I replied that I did not wish to disclose this information. He said simply shrugged and said he would find it anyway. He left the room stating that he would call my PCP first thing when he got to his office. I did not sign any consents with regard to sharing any of my information with outside entities, be they medical or otherwise. Is this legal under HIPAA?
Is what legal under hipaa? Calling your PCP?

Yes

It’s what he may disclose that is restricted.

What your PCP can disclose is also controlled under HIPAA

But how do you suppose he will figure out who your PCP is? It isn’t like there is a secret list of the patients a doctor sees on some super secret website.

Why don’t you simply leave the hospital if you don’t wish to be treated as needed?
 

quincy

Senior Member
Mental health has different rules under HIPAA.
I am wondering who called for emergency transport and what led to the subsequent hospital admission (i.e., voluntary or involuntary). Different rules apply, as noted by FlyingRon.
 
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