Doctor staff relays information to family member without consent

[lkc15507]

AAAGGGHHHH! Am I blind or has anyone asked who the legal guardian of this child is? Sperm donor or not, unless he has a legal claim to the child it IS a HIPAA violation. There is such a thing as implied consent but I see no evidence of that from the poster. The impled consent would have to be from legal guardian to the health care provider. NOT from MOM to BF's sister by familiarity alone. Even IF the sperm donor has a legal claim that needs to be documented (assumng it's not by poster's comments). For (as someone else said) crissakes the sperm donor's freakin' sister passed info she should not have!!!!!!!!!

 

[Proserpina]

AAAGGGHHHH! Am I blind or has anyone asked who the legal guardian of this child is? Sperm donor or not, unless he has a legal claim to the child it IS a HIPAA violation. There is such a thing as implied consent but I see no evidence of that from the poster. The impled consent would have to be from legal guardian to the health care provider. NOT from MOM to BF's sister by familiarity alone. Even IF the sperm donor has a legal claim that needs to be documented (assumng it's not by poster's comments). For (as someone else said) crissakes the sperm donor's freakin' sister passed info she should not have!!!!!!!!!

...are you alright?

 

[ecmst12]

Who said anything about a sperm donor??? It's the child's FATHER who has the right to receive any and all medical information about him. So long as the sister had a valid business reason to have the information (and I'm not going to assume she did not) then it is 100% legal for her to make that call, and mom should get over feeling like SHE is the only person who can give dad the information.

 

[justalayman]

Who said anything about a sperm donor???

I think I understand lkc's point; there has been nothing said about "the father" being "the legal father". If the father is not also the legal father, yes, it would be improper to provide him with information unless there was a HIPAA release signed listing him as eligible to be given protected information.

I didn't question the legal v. not established issue because the OP didn't bring it up. Personally, based on the statements of the OP, I suspect he is the legal father. It appears OP is not actually so upset about the disclosure but who disclosed it. I suspect OP has an issue with the fathers sister and is simply trying to find a way to cause her trouble.

but that's just my take on it.

 

[above82]

"He has every right to have the information. Your post title is totally misleading - you are trying to shape the question to obtain the answer you WANT to hear. He is the FATHER for chrissakes!"

to clarify, i am not trying to shape the question to obtain the answer I Want to hear. I am trying to find out what the law dictates. For you to make this assumption is not proffessional in my opinion.

I always thought any information between patient and doctor was just that unless otherwise noted that it can be shared with the permission of the patient.

well, the patient is the child, not you.
Im the parent and the child is 9 months old, so yes I understand the patient is the child not me, but she cannot speak for herself here.



ok now does everyone see why I am confused myself as to whether or not a violation has been made? One post says yes one says no. It apparently either isnt clear to the forum either or maybe my question isnt?

All I know is I feel like she did not have a right to give the information to her brother before I could get a chance to discuss it with him myself. I look at this as she is our child and issues concerning her are our business and not the business of his or my family first. Maybe what I see here is a lack of respect. Im not quite sure. But again I am not fully understanding the law and am trying to seek answers from those who do. Not trying to make this situation become answered in my favor. My other thoughts are this, how do I know she hasnt called his parents, or discussed things with others who do not for fact have rights to this information. This is why I am confused and concerned here.

 

[Zigner]

"He has every right to have the information. Your post title is totally misleading - you are trying to shape the question to obtain the answer you WANT to hear. He is the FATHER for chrissakes!"

to clarify, i am not trying to shape the question to obtain the answer I Want to hear. I am trying to find out what the law dictates. For you to make this assumption is not proffessional in my opinion.

I always thought any information between patient and doctor was just that unless otherwise noted that it can be shared with the permission of the patient.

well, the patient is the child, not you.

Im the parent and the child is 9 months old, so yes I understand the patient is the child not me, but she cannot speak for herself here.



ok now does everyone see why I am confused myself as to whether or not a violation has been made? One post says yes one says no. It apparently either isnt clear to the forum either or maybe my question isnt?

All I know is I feel like she did not have a right to give the information to her brother before I could get a chance to discuss it with him myself. I look at this as she is our child and issues concerning her are our business and not the business of his or my family first. Maybe what I see here is a lack of respect. Im not quite sure. But again I am not fully understanding the law and am trying to seek answers from those who do. Not trying to make this situation become answered in my favor. My other thoughts are this, how do I know she hasnt called his parents, or discussed things with others who do not for fact have rights to this information. This is why I am confused and concerned here.

There it is. She "dissed" you and you're mad.

The LEGAL REALITY is that the father of the child has the same right to medical information as YOU do. It's not up to YOU to dictate HOW he gets that information.

 

[justalayman]

Im the parent and the child is 9 months old, so yes I understand the patient is the child not me, but she cannot speak for herself here.

if "the father" is "the legal father", he has the same standing as you concerning this information. As such, he has the same right to the information as you do. You have no right to restrict it from the father. So, while you argue you speak for the child, so does the father and that is who the information was given to.

ok now does everyone see why I am confused myself as to whether or not a violation has been made? One post says yes one says no. It apparently either isnt clear to the forum either or maybe my question isnt?

there is one thing that makes a difference: whether the father is legally acknowledged as the father. If he is, there is no breach of privacy as he is as entitled to the information as you and that is all that has happened.

I look at this as she is our child and issues concerning her are our business and not the business of his or my family first.

but it is the business of the legal father and that is who was given information.

My other thoughts are this, how do I know she hasnt called his parents, or discussed things with others who do not for fact have rights to this information.

you apparently don't so unless and until she does, it is irrelevant. You might want to give her some credit for knowing the law and disclosing information to only those legally entitled to it.

btw: the legal father can sign a HIPAA release to allow anybody he wants to be able to access the information to do so and you cannot countermand that permission. If he wants to sign a HIPAA release so that his parents can be given the information, he can.

Maybe what I see here is a lack of respect

that does not make it a legal issue. At most, it is an internal issue at the providers office.

 

[above82]

There it is. She "dissed" you and you're mad.

The LEGAL REALITY is that the father of the child has the same right to medical information as YOU do. It's not up to YOU to dictate HOW he gets that information.

Ok, i guess I have to clarify again. NO IM NOT MAD AT HER!!!! I dont think she "dissed" me. Geez is that how a lawyer talks???? Didnt know Dissed was a legal term but hey who am I to make any comments about things.

"It's not up to YOU to dictate HOW he gets that information."

maybe its not up to me, but why is it up to a medical assistant either?

Ill just make this point and be done here because im apparently not getting anywhere except being told im the one whos done wrong here.

All I wanted to know is if a violation occured. I guess my violation was coming here to get a professional answer and be told I am mad about something im not.

have a good day to all.

 

[justalayman]

since you never clarified whether "the father" is "the legal father" or not, there is no answer possible. In one situation, there was a violation and you would have a right to file a complaint with the HHS.. In the other, there was none and it would be an issue to take up with the doctors office manager.

so, that's the best answer you can get given your lack of clarification.

 

[above82]

since you never clarified whether "the father" is "the legal father" or not, there is no answer possible. In one situation, there was a violation and you would have a right to file a complaint with the HHS.. In the other, there was none and it would be an issue to take up with the doctors office manager.

so, that's the best answer you can get given your lack of clarification.

to clarify, yes hes the legal father.

 

[justalayman]

to clarify, yes hes the legal father.

then there was no HIPAA violation.

If you want to make a complaint to somebody, the proper entity would be the office manager of the place this all took place.

 

[Zigner]

to clarify, yes hes the legal father.

Since I really doubt you've left us (even after saying you have), I'd like to point out that this is ALL about YOU having control. Nothing less, nothing more.

 

[kimberlywrites]

"He has every right to have the information. Your post title is totally misleading - you are trying to shape the question to obtain the answer you WANT to hear. He is the FATHER for chrissakes!"

to clarify, i am not trying to shape the question to obtain the answer I Want to hear. I am trying to find out what the law dictates. For you to make this assumption is not proffessional in my opinion.

I always thought any information between patient and doctor was just that unless otherwise noted that it can be shared with the permission of the patient.

well, the patient is the child, not you.

Im the parent and the child is 9 months old, so yes I understand the patient is the child not me, but she cannot speak for herself here.



ok now does everyone see why I am confused myself as to whether or not a violation has been made? One post says yes one says no. It apparently either isnt clear to the forum either or maybe my question isnt?

All I know is I feel like she did not have a right to give the information to her brother before I could get a chance to discuss it with him myself. I look at this as she is our child and issues concerning her are our business and not the business of his or my family first. Maybe what I see here is a lack of respect. Im not quite sure. But again I am not fully understanding the law and am trying to seek answers from those who do. Not trying to make this situation become answered in my favor. My other thoughts are this, how do I know she hasnt called his parents, or discussed things with others who do not for fact have rights to this information. This is why I am confused and concerned here.

Lack of respect is not illegal.

There's got to be more to this. Did you ASK the sister why she did this? Do you really want to create a whole bunch of family drama? What did the boyfriend say about it? Does HE care that his sister told him? Just curious. The answers would have nothing to do with the legality of your situation.

 

[kimberlywrites]

Ok, i guess I have to clarify again. NO IM NOT MAD AT HER!!!! I dont think she "dissed" me. Geez is that how a lawyer talks???? Didnt know Dissed was a legal term but hey who am I to make any comments about things.

"It's not up to YOU to dictate HOW he gets that information."

maybe its not up to me, but why is it up to a medical assistant either?

Ill just make this point and be done here because im apparently not getting anywhere except being told im the one whos done wrong here.

All I wanted to know is if a violation occured. I guess my violation was coming here to get a professional answer and be told I am mad about something im not.

have a good day to all.

You got your answer. A HIPAA violation did NOT occur.