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Old 04-15-2016, 02:39 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,925,663 times
Reputation: 6716

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Quote:
Originally Posted by bodyforlife99 View Post
...Although it was not the intent of the law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has been interpreted and misapplied as a barrier to communication with the very people who have a deep and often lifelong relationship with elderly patients and who will be responsible for managing or providing care in the community. When a family member asks almost any question relating to a family member’s care and treatment, this is what they too often are likely to hear: “I can’t tell you because of HIPAA.” End of conversation.

This is a misinterpretation of HIPAA. Here is what the Health and Human Services’ Office of Civil Rights, responsible for monitoring HIPAA, says: “The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.” The only exception is if the patient objects.

I won't be worrying about an internet poster that continuously ignores the ramifications of inactions over and over and over and over.
You can argue until you're blue in the face that HIPAA has been misinterpreted - but that's how work it works today. A doctor's office can't even leave a message with my test results on my answering machine - much less tell my husband about the test results over the phone - unless I have given the office permission to do so in writing. It's basically a matter of paperwork for most providers/people. Robyn
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Old 04-15-2016, 02:43 PM
 
1,099 posts, read 664,021 times
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Quote:
Originally Posted by Robyn55 View Post
You can argue until you're blue in the face that HIPAA has been misinterpreted - but that's how work it works today. A doctor's office can't even leave a message with my test results on my answering machine - much less tell my husband about the test results over the phone - unless I have given the office permission to do so in writing. It's basically a matter of paperwork for most providers/people. Robyn
I'm not arguing about it. That's from the Health and Human Services’ Office of Civil Rights, responsible for monitoring HIPAA. If someone wants to argue about it, that for them to take up with this office.

In our case, it's been no problem at all and well within the guidelines as stated above. And as stated, this is nothing more than expressing an opinion regarding his driving to his doctor and asking him to look into it.
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Old 04-15-2016, 03:11 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,925,663 times
Reputation: 6716
Quote:
Originally Posted by bodyforlife99 View Post
...In our case, it's been no problem at all and well within the guidelines as stated above. And as stated, this is nothing more than expressing an opinion regarding his driving to his doctor and asking him to look into it.
Like I said - there's no problem with that. I just wouldn't expect to get feedback from the doctor.

OTOH - at my father's age - 97 - we go with him to lots of doctors' appointments (he wants us to go). Because we can process medical information a ton better than he can. When we're dealing with serious stuff - I'll also get my brother the doctor on the west coast in on a conference call (because he's in the best position to talk with other doctors). The doctors almost always ask my father if it's ok to speak freely with us there - and he says yes. So we're good to go. Perhaps you could set up an appointment like that?

Note that my father - at age 97 - is slowing down - but still has 100% of his marbles. If you're dealing with someone with dementia - it's a totally different ball of wax IMO. My husband and I have had to deal with lots of medical stuff when it comes to our parents - but - knock wood - never dementia. Robyn
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Old 04-15-2016, 03:17 PM
 
1,099 posts, read 664,021 times
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Well consider yourself lucky as that's exactly what I had to deal with, with my father. The final year and a half was a doozy.
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Old 04-15-2016, 03:19 PM
 
6,239 posts, read 4,725,740 times
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Note the law says "identified by the patient." That is interpreted as requiring written documentation. It is not within the law to express your opinion and provide information to a patient's doctor.


We can argue about HIPPA but I assume you are not a lawyer and I know I am not. Anyway, that is not the main issue that I see. Regardless of HIPPA, you and your family have decided that they should become involved with controlling your FIL's behavior. Having a conversation and making recommendations are certainly acceptable. Beyond that, if the FIL is not competent, then that needs to be addressed. You and your family don't just make that decision based on your own beliefs or even good intentions. This needs to be handled in a legal manner.
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Old 04-15-2016, 03:24 PM
 
6,239 posts, read 4,725,740 times
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Quote:
Originally Posted by Robyn55 View Post
.....
OTOH - at my father's age - 97 - we go with him to lots of doctors' appointments (he wants us to go). .....
That is an entirely different issue. When I was having an issue understanding my care, I had my wife go to the office visits and we also brought along another relative who kept notes. I signed a HIPPA form for both. I have also advised my sister on some of her medical issues. This has included reviewing labs and office notes. That was done at her request. If I was to discuss any of my findings with her physicians, then she would need to sign a HIPPA form.
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Old 04-15-2016, 03:25 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,925,663 times
Reputation: 6716
Quote:
Originally Posted by bodyforlife99 View Post
I'm not arguing about it. That's from the Health and Human Servicesí Office of Civil Rights, responsible for monitoring HIPAA. If someone wants to argue about it, that for them to take up with this office.

In our case, it's been no problem at all and well within the guidelines as stated above. And as stated, this is nothing more than expressing an opinion regarding his driving to his doctor and asking him to look into it.
BTW - don't think you've mentioned....

How old is your father? Do you think he has dementia? The only medical condition you mentioned IIRC is a lack of "depth perception" - which causes him to apply brakes inappropriately/prematurely. There are age-related vision problems (cataracts - macular degeneration - etc.) - but I haven't heard of a lack of depth perception being in that category.

First thing that comes to my mind before doing something as drastic as stealing a car is investing in a good eye exam to find out what's going on. When's the last time your father had one? Medicare doesn't pay for routine eye exams - so I suspect lots of people on Medicare tend not to get them as regularly as they should. Robyn
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Old 04-15-2016, 03:25 PM
 
1,099 posts, read 664,021 times
Reputation: 734
Quote:
Originally Posted by jrkliny View Post
Note the law says "identified by the patient." That is interpreted as requiring written documentation. It is not within the law to express your opinion and provide information to a patient's doctor.


We can argue about HIPPA but I assume you are not a lawyer and I know I am not. Anyway, that is not the main issue that I see. Regardless of HIPPA, you and your family have decided that they should become involved with controlling your FIL's behavior. Having a conversation and making recommendations are certainly acceptable. Beyond that, if the FIL is not competent, then that needs to be addressed. You and your family don't just make that decision based on your own beliefs or even good intentions. This needs to be handled in a legal manner.
Yes, yes, of course. Have a nice day.
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Old 04-15-2016, 08:19 PM
 
1,099 posts, read 664,021 times
Reputation: 734
Quote:
Originally Posted by Robyn55 View Post
BTW - don't think you've mentioned....

How old is your father? Do you think he has dementia? The only medical condition you mentioned IIRC is a lack of "depth perception" - which causes him to apply brakes inappropriately/prematurely. There are age-related vision problems (cataracts - macular degeneration - etc.) - but I haven't heard of a lack of depth perception being in that category.

First thing that comes to my mind before doing something as drastic as stealing a car is investing in a good eye exam to find out what's going on. When's the last time your father had one? Medicare doesn't pay for routine eye exams - so I suspect lots of people on Medicare tend not to get them as regularly as they should. Robyn
Robyn, I think there's a lot of confusion going on in this thread due to my being misquoted by a specific poster. I never said anything about stealing a car. I also commented that he's had his annual eye exam. I also never said that my father-in-law has dementia (I said my father did). Unfortunately, most people come into threads like these and only read the original post (and not all the comments that come after it). In addition, you have some posters making assumptions based on things that were never said or only selectively reading what was said. And then you go on for pages trying to clarify things, when if things were only read in their entirety, the thread wouldn't nearly be as long. Not to mention the fact that despite so many posters making responsible statements that take into considerations all sides of the issue (namely loss of life of my father-in-law and innocent bystanders), some posters simply continue to keep blinders on and ignore what is simply common sense (mostly because they simply want to argue). With that said, the "retirement" forum is by far, my favorite forum. Unfortunately sometimes it only takes a couple of argumentative types to brings things down to a juvenile level. I have no problem with people trying to have a civil conversation. But when people become so intellectually rigid and close minded that they can only see their viewpoint and will not acknowledge the other side of an issue, I run out of patience.

Last edited by bodyforlife99; 04-15-2016 at 08:33 PM..
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Old 04-15-2016, 11:14 PM
 
10,813 posts, read 8,059,843 times
Reputation: 17015
Quote:
Originally Posted by Robyn55 View Post
If the adult isn't legally competent (has dementia) - and happens to be your parent - then the appropriate way to proceed IMO is to have the person declared legally incompetent and then do whatever is necessary to protect the incompetent person (including taking away a car).
It probably varies from one legal jurisdiction to another but our county attorney advised us that if we disabled my MIL's car, it was not a criminal issue.
He said it would be a civil issue but in that case our MIL would have to initiate charges. MIL's dementia was such that meeting the burden of legal incompetence would have been prohibitively burdensome here in TX, and in the long meanwhile she would have been a menace on the roads. But she was cognitively incapable of initiating a civil suit so we were good to go.
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