A HIPAA Hiccup

My mother-in-law was hospitalized at Lutheran Hospital in Brooklyn, NY, a level one trauma center for a fall in her house.   My sister-in-law is the healthcare proxy for making medical decisions.  On the way to the hospital, I reminded her to put my name on the HIPAA release form so I could speak with all the involved parties if necessary.  Later, that day she called with an update and I asked her if she had remembered to put my name on the form.  She told me, the hospital personnel had refused to allow my name on the form.  I asked why and she said it was because I was not there and they wouldn't speak to me on the phone.  I told my sister-in-law, the hospital had picked the wrong person to refuse.  I knew they couldn't refuse and I, of course, could speak on the phone with all involved parties.  I also knew who to call.  I told my sister-in-law not to worry, I would fix it tomorrow during hospital business hours.  

The next day, I called the administrative offices and asked for the HIPAA compliance officer.  I explained why I needed to speak with someone and was transfered to the correct person.  I calmly explained the situation of being refused by the hospital to allow my name on the form and requested the situation be changed immediately.   The officer took my information and said she would call the floor and find out what happened.  Within an hour she had called me back.  She had spoken with my sister-in-law who verified my name be on the form and also spoke with the doctors and nurses telling them to speak with me.

Don't let anyone in a hospital or medical office tell you "no" to the name you want on a HIPAA release.  It is the right of the patient to decide not the hospital.  I find hospitals have started holding HIPAA releases hostage and denying patient's their rights.   It is important to have someone on the form who can be your voice when you need it.  If you have a problem, contact either patient relations or the HIPAA compliance officer.   Don't back down because it is YOUR right to decide not the medical facility.  HIPAA was designed for the patient NOT the hospital.

 

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