[MelodyL]

I have tried and tried to find this answer online, believe me I have, but can't find the answer.

The question is.

If a mother is brought into the hospital by her adult daughter (because the mother took pills), but there was really no danger and she survived, and the doctor walked out of the room, walked over to the adult daughter and said the following:

"We found cocaine, ambien, and other opiates in your mother's bloodstream".


Did the doctor, by doing what he did, violate the mother's privacy, her confidentiality, and by doing this, did he violate the HIPAA Law? My state is NY (if this matters at all)

All I can find online is that doctors can't speak to parents about their adult kids substance abuse, or discuss any private medical stuff UNLESS the adult child signs a waiver.

But in the previous case I mentioned, the mom signed no waiver. The doctor just blurted out what he blurted out.

I don't know where else to post this so I hope it's okay to post here.

Anyone know?

Thanks much

[daniella]

I don't know for a fact but have dealt with similar situations. I think that when a person may be or is harmful to themselves where it threatens their life the doctor can speak about them to a family member. It is a fine line though and I am not for positive.
I know when my mom did try to commit suicide and ended in the hospital I was told things by the doctor and also was part of what further treatment was going to happen. I can't recall exact specifics but can share more with you if you want by pm.
If you are facing this and want a friend to I am here. I know how hard a situation like this is. Sending warm thoughts

[Dubious]

Originally Posted by MelodyL

I have tried and tried to find this answer online, believe me I have, but can't find the answer.

The question is.

If a mother is brought into the hospital by her adult daughter (because the mother took pills), but there was really no danger and she survived, and the doctor walked out of the room, walked over to the adult daughter and said the following:

"We found cocaine, ambien, and other opiates in your mother's bloodstream".


Did the doctor, by doing what he did, violate the mother's privacy, her confidentiality, and by doing this, did he violate the HIPAA Law? My state is NY (if this matters at all)

All I can find online is that doctors can't speak to parents about their adult kids substance abuse, or discuss any private medical stuff UNLESS the adult child signs a waiver.

But in the previous case I mentioned, the mom signed no waiver. The doctor just blurted out what he blurted out.

I don't know where else to post this so I hope it's okay to post here.

Anyone know?

Thanks much

Sounds like mom was in a bad way since she was unable to get herself to the hospital.....why would that be objectionable to know from the doc what was wrong with mom? Am I missing something?

[Dr. Smith]

Hi Melody,

IANAL, but I did find this on the HIPAA site:
http://www.hhs.gov/ocr/privacy/hipaa...sclosures.html

Many customary health care communications and practices play an important or even essential role in ensuring that individuals receive prompt and effective health care. Due to the nature of these communications and practices, as well as the various environments in which individuals receive health care or other services from covered entities, the potential exists for an individual’s health information to be disclosed incidentally. For example, a hospital visitor may overhear a provider’s confidential conversation with another provider or a patient, or may glimpse a patient’s information on a sign-in sheet or nursing station whiteboard. The HIPAA Privacy Rule is not intended to impede these customary and essential communications and practices and, thus, does not require that all risk of incidental use or disclosure be eliminated to satisfy its standards. Rather, the Privacy Rule permits certain incidental uses and disclosures of protected health information to occur when the covered entity has in place reasonable safeguards and minimum necessary policies and procedures to protect an individual’s privacy.

My gut feeling is that it's one of many gray areas.

Doc

[MelodyL]

Originally Posted by Dubious

Sounds like mom was in a bad way since she was unable to get herself to the hospital.....why would that be objectionable to know from the doc what was wrong with mom? Am I missing something?

Not that it's objectionable to know from the doc what was wrong with mom, THE MOM is mad because the doctor violated her privacy. She just found out about HIPAA laws and she believes the doctor had no right to walk out of the room, walk over to the daughter and say "your mother took these drugs, etc."

From what I've read about HIPAA laws, the mom would have been required to sign a waver in order for that doctor to have been able to approach the daughter.

That's the basis of my question.

And this is not about me, mom died from smoking in 1995.

This happened to a friend of mine (who is the mom in this case).

Thanks much

And I agree, this is a gray area. I went online and I found out that when a young person tries to commit suicide ANYTHING that is discussed between doctor and patient is covered under the HIPAA laws unless the young person signs a release form.

Parents are now being left out in the cold with no access to medical info regarding their adult children.

I know there must be a good reason for this, but honestly, it must be very hard on parents.

[MelodyL]

Originally Posted by daniella

I don't know for a fact but have dealt with similar situations. I think that when a person may be or is harmful to themselves where it threatens their life the doctor can speak about them to a family member. It is a fine line though and I am not for positive.
I know when my mom did try to commit suicide and ended in the hospital I was told things by the doctor and also was part of what further treatment was going to happen. I can't recall exact specifics but can share more with you if you want by pm.
If you are facing this and want a friend to I am here. I know how hard a situation like this is. Sending warm thoughts

Thanks Daniella.

Not about me.

Mel

[aussiemom]

I've had to sign papers in various docs offices listing who doc could talk to about me. If you aren't on that list, doc isn't supposed to say anything about my condition. Is it possible mom signed it not knowing what it was?

[MelodyL]

Originally Posted by aussiemom

I've had to sign papers in various docs offices listing who doc could talk to about me. If you aren't on that list, doc isn't supposed to say anything about my condition. Is it possible mom signed it not knowing what it was?

Mom didn't sign ANYTHING.

Interesting isn't it?

Mel

[Dr. Smith]

Originally Posted by MelodyL

Mom didn't sign ANYTHING.

Interesting isn't it?

Mel

Yes. I'm wondering how she was treated without signing something, unless she (mom) was unconscious/incoherent, in which case the daughter may have signed, and in such a case there may be an exception, as daughter is taking on certain responsibilities. 'Tis a puzzlement.

Doc

[daniella]

When one tries or may attempt to harm themselves it is different then for ex a doctor telling an adult family member about your neurological symptoms. When you are suicidal or attempt you are not making good choices mentally and can't often times so why family is brought in and told. I think that the mom needs to find out why she is so mad. Did you friend say why? Her mom is in a very unhealthy right now. When someone is in this type of state it is hard to make the right choices. It is not something she should keep hidden from her family. Part of healing is to face and acknowledge this.
I hope your friend and her mom get into treatment. This impacts the whole family and support is so key. If your friend wants to chat I am here too. It was really hard to face this when similar happened to me with my mom.