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#1
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Is anyone familiar with HIPAA laws?
I have recently found out that my ex-agency has
discussed medical details about myself to the FL-DCF and it's now part of a public record. Neither had a signed release from me stating that this is OK. I've contacted an attorney this evening to discuss this as I feel my rights have been violated. Does anyone have experience with this? Thanks!
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Ashley Mommy to Madeline born 8/19/06 * home 1/10/08 #2 - Looking at all of our options.. ~Life is not measured by the number of breaths we take, but by the moments that take our breath away~ |
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#2
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Its a federal law..did you try googling it?
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#3
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You probably want to start by looking at whether "non medical" entities (such as your agency) are covered by the law or whether it is just doctors, hospitals, etc. (for some reason I am suspecting it is the latter). That said, agencies also probably have confidentiality requirements (but I wouldn't be surprised if you signed some kind of contract or release that talks about their sharing info). I am sorry this happened to you. Good luck!!
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#4
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Hi Ashley
As a nurse I deal with this issue a lot. I also am not sure about the non medical entity and if they have the right to discuss you. Also do check to see if you have signed anything with agency or other place or any medical office they are talking to to see if you have given okay. You alway have to sign somehting to give an office permission to give out info even to bill your insurance. I am finding that people and places are really tightening up on the HIPPA. I had to get my VERY sick father on the phone to mumble ok for me to talk to his biller b/c the actual office he was seen in (and gave okay for them to talk to me)did not pass this info on. Good luck!!
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4/20/06 2nd adoption 8/07/06 Girl born 8/16/06 Referral 10/04/06 DNA Auth 10/26/06 DNA done 11/29/06 DNA-results neg 12/18/07 Private DNA done 01/11/07 DNA-results neg 1/18/07 Babies switched? DNA redone 2/15/07 DNA results pos 3/22/07 DNA auth 7/17/07 DNA auth 7/20/07 DNA done 8/01/07 DNA 99.96% 8/3/07 2nd I72 8/30/07 PA 9/06/07 Entered PGN 11/01/07 KO for missing sig on birthmom BC 11/26/07 Back into PGN 12/04/04 Not back in pgn--lied to! 12/20/07 Back into PGN 12/27/07 Not in PGN --lied to again! 1/10/08 2nd visit trip 1/18/08 Informed BC is corrected (?) 1/25/08 Told by US agency B/C NOT corrected but we had been registered with CA 1/30/08 Called PGN-Actual KO was 9/26/08! 2/12/08 CA reg 2/18/08 Told back in to PGN 2/22/08 Oh not in --LIED to AGAIN 3/3/08 into the recert side of PGN 3/2208 Back into adoptions side PGN 4/22/08 birthmom interview done 4/23/08 Case approved/ waiting to exit PGN 6/18/08 OUT OF PGN 8/6/08 DNA done 8/25/08 Gotcha day 8/27/08 HOME HOME HOME |
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#5
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Thanks. They are not covered (I believe it covered doctors, hospitals, insurance companies, etc).
The only person I signed a release to was the actual doctor - not the agency, or DCF.
__________________
Ashley Mommy to Madeline born 8/19/06 * home 1/10/08 #2 - Looking at all of our options.. ~Life is not measured by the number of breaths we take, but by the moments that take our breath away~ |
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#6
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If they do home studies and have licensed social workers and therapists on staff they are going to be covered under HIPAA - because those professionals routinely handle protected medical information and therefore have to abide by HIPAA. If they are a less professional agency, it is murkier and less likely that they are required to comply.
And communication with DCF is exempted if the communication is regarding a concern about child welfare (reporting suspected abuse, etc) and the medical information is pertinent. If you feel your privacy has been violated, you can contact the Office of Civil Rights and make a complaint. If you google it, you will find email, fax and 800#s to contact them.
__________________
Michelle Our journey journal http://www.michellesmiles.com/ It's a Girl! Sabrina DOB 9/4/06 DOR 9/13/06 ![]() 4/12/07 Antigua to foster 6/5/07 HOME FOREVER 07/29/08 Tessa Catherine born Our family is complete ![]() |
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#7
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So sorry Ashley....will this ever end. How did you find out? We're all probably mentioned somewhere....
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#8
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Quote:
Even though the file is 1,000 pages long there aren't many people mentioned in it. People who claimed to have made complaints really didn't. It was sad, surprisingly, and ridiculous.
__________________
Ashley Mommy to Madeline born 8/19/06 * home 1/10/08 #2 - Looking at all of our options.. ~Life is not measured by the number of breaths we take, but by the moments that take our breath away~ |
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