HIPAA and the Homeless

Over the last few weeks I have seen the hospital on more than one occasion violate the federal laws that were put in place to protest ones privacy.

Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)

This was taken from the US Dept of Health and Human Services website.

Your Health Information Is Protected By Federal Law

Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule, a Federal law that protects health information in electronic form, requires entities covered by HIPAA to ensure that electronic protected health information is secure.

On one occasion I came to the hospital to meet with the Drs to discuss David's prognosis and treatment.

When the Drs came into the meeting I was asked from the attending physician who are you?

I was quite surprised by the question because David's nurse had set up the meeting for me.

I responded.

"Nelson Parker, I am his power of attorney, my name, phone number and such are all in his file."

The Dr then asked who the other man was that had a ball cap on and had been in the room on prior occasions.

I believe that might have been Tom one of David's friends from the retreat.

The Dr looked at me with a very flushed face, kinda like she had seen a ghost.

Turns out she thought Tom was me and had revealed all the patient information, prognosis, and treatment with him and not me!

She had been making plans for David's release with Tom and I knew nothing about any of it!

The story started here if you want to catch up!

Here's another example of federal laws being broken.

Then last week I received a letter from the hospital addressed to David.

It was a hand addressed letter with David's name on it.

I took the letter to David and he opened it and began to read it.

He wasn't feeling all that well at the time.

He was confused reading the letter so he gave it to me.

I too was quite confused at first, because none of the Drs names or information in it were familiar.

It turns out that the letter was actually medical records of ANOTHER patient!

I have since lodged a complaint with the hospital compliance officer and waiting to hear back from them.

My eyes and ears have been awakened to a very sad situation.

The most I have learned from this experience is the need for an advocate for the homeless (or anyone who is alone) that goes into the hospital. 

The Drs can not depend solely on the patient themselves to help in their own treatment even though I was told this goes on all the time!

There needs to be an advocacy group for patients like these.

I have seen David put out on the street from the ER at 4 am.

He was released with no money, no phone and no ride home!

This is just plain wrong!

Patients rights are being violated far too often.