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  #1  
Old 02-03-2009, 08:19 PM
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GuatMommy2Be GuatMommy2Be is offline
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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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  #2  
Old 02-03-2009, 08:46 PM
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dpen6 dpen6 is offline
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Its a federal law..did you try googling it?
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  #3  
Old 02-03-2009, 08:51 PM
loveajax loveajax is online now
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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  
Old 02-04-2009, 05:42 AM
karen nickols karen nickols is offline
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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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  #5  
Old 02-04-2009, 07:00 AM
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GuatMommy2Be GuatMommy2Be is offline
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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.
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  #6  
Old 02-04-2009, 09:11 PM
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Michelle Smiles Michelle Smiles is offline
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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.
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  #7  
Old 02-05-2009, 11:05 PM
Hymarianne Hymarianne is offline
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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  
Old 02-06-2009, 07:15 AM
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GuatMommy2Be GuatMommy2Be is offline
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Quote:
Originally Posted by Hymarianne
So sorry Ashley....will this ever end. How did you find out? We're all probably mentioned somewhere....

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.
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