HIPAA question

[Wombat's Gal]

What is the name of your state? ND

I have a somewhat strange question.

My late fiance's father and stepmother have told me recently that they regularly discuss my fiance's condition and health records (including accessing the records via computer) with his father's physicians (none of whom ever treated my fiance).

Now, ordinarily this wouldn't bother me; if it gives his father comfort, I'm all for it...except my fiance specifically requested that the two people in question could absolutely not have access to his medical records without his permission. I have/had (since his death, I assume it no longer really matters) POA, and the notarized documents reflect this.

I suppose my question is, does this violate any HIPAA/similar law? I could ask the question of the patient representatives, but it would make the situation into an "official inquiry", which could cause problems for his father (or his father's medical team, in the offchance that his stepmother is simply lying to me about this).

Any answers greatly appreciated.What is the name of your state?

 

[ecmst12]

How could dad's doctor have had access to son's records? That part sounds suspect. There is nothing wrong with dad taking to his doc about son's condition - dad is not bound by HIPAA at all. But it would be improper for dad's doc to access records for someone he never treated, so I doubt it was done even if it were possible.

 

[Ozark_Sophist]

I think it would be possible, if the dr is able to access the digital records of the hospital. There are no further passwords other than the logon to acess pt records for the information system where I currently am. There are established rules, but you could guess how that works given your experience.

The question then becomes is it worth the grief it will cause you (and his parents) if you persue this. It seems there were issues between the parents and their son. I would ask if it was time to let his memory rest?

 

[ecmst12]

There's nothing to pursue, I think OP was just looking for information. Even if a violation did take place, the patient didn't suffer any damages from it, and now he's passed on, so he couldn't pursue a claim anyway.

 

[Wombat's Gal]

Thanks for the answers, everyone.

Yes, it was alleged that the father's doctor(s) had accessed the sons medical records from the digital records system. Frankly, I find it hard to believe - but either way, it's not something I'd pursue even if there was something to pursue (which there obviously isn't - still with me? ). I just find it hard to believe that all of these doctors would access such data without the correct permissions....but again, I do have the feeling the entire story was a fabrication to begin with.

Again, many thanks

 

[fairisfair]

and of course, that would be assuming that you have a legal standing to pursue anything that might be worth pursuing, which there isn't, and which, as a fiancee, it is likely, you don't.

 

[Wombat's Gal]

Oh my poor head....

Thanks

(Nope, as the fiance, I don't have much - if any - legal right at all, seeing as POA doesn't really apply to such matters)

 

[lya]

HIPAA provides for state law to determine who is the personal representative of the deceased and executor of the estate of the deceased. If the parent(s) is the personal representative or executor of the estate of the deceased, the parent(s) is allowed access to medical records just as if the records were being given to the deceased.

POA ends with the death of the person who granted the POA; it no longer applies.

The parents in this scenario are not acting 'out of line' and neither is the physician. The POA of the deceased has no legal standing in the matter.