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  #1  
Old Nov 27, 2012, 04:07 PM
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is that illegal? im 21 yrs old an in US an i was not required to in the beggining but now i am seems wrong an not for insurence

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  #2  
Old Nov 28, 2012, 10:32 AM
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No it's not illegal. It's in case they have to send this to another doctor for a referral, etc. After your tests, the doctors might have to refer you to another doctor, and so they'll have to send your records to THEM and they have to have your permission to do that, so they have you sign a release of information. That's the only reason. If you dont have insurance, that is the only reason they're doing it.

Does that help explain it for you? Hugs, Lee
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  #3  
Old Nov 28, 2012, 12:09 PM
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Are they asking you to sign a release for the information they have on you to send to another Dr, or are they wanting you to sign a release to get information from your previous Dr's?

I know that when I moved 2100 miles away from where I lived & was being treated before, my new psychologist wanted to know my past history so that she could better understand where I had been in the past & that included hospital's & my previous psychologist & pdoc.

It was necessary information for my new psychologist to really get to know me better.

In Calif, my medical Dr & my pdoc & my psychologist were all in communication with each other....so everyone knew where I was & didn't need to have records transferred.

Like Leed says also, if you are being referred to another Dr for some other treatment, they like to send your records along with the referral....so it really depends on what situation you are in.....but most of the times the release of records in either direction is only for your best interest.
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  #4  
Old Nov 28, 2012, 12:20 PM
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i have health insurence and the release is for my parents and my parents are fine if i dont sign release ,and the clinic is saying it needs tobe done becase of a crisis that happened there n because they are responsible for my safety etc so im very pissed off

hi eskie
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  #5  
Old Nov 28, 2012, 12:31 PM
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Wow, that must have been a serious crisis for them to react in that way.....but I would think if they had your parents number as an emergency number, what ever might happen to you they could call your parents & tell them where you are.....whether you want to give out that information to your parents is your own choice & you shouldn't be forced to provide your parents any information you don't want them to have at your age......it does seem like an over-reaction on the part of the group you are with.......because at this point even if your parents knew any information like what they could provide, they couldn't force you to do anything you didn't want to do in a crisis situation anyway....other than if you are forced to because of being a danger to yourself or others.....but you still shouldn't be forced to give your parents information you don't want to provide.

I would talk to some legal advice about the HIPAA (think that's the acronym). It sounds like there is a bit of over-reacting going on that is overstepping their bounds given the information you just provided.

Even when I was suidical & my T or pdoc sent me to the hospital, my H was called, but was never given any information about my records....it wasn't appropriate & was against the HIPAA regulations.

Check out this linkhttp://www.hhs.gov/ocr/privacy/hipaa...ers/index.html
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Leo's favorite place was in the passenger seat of my truck. We went everywhere together like this.
Leo my soulmate will live in my heart FOREVER Nov 1, 2002 - Dec 16, 2018
  #6  
Old Nov 28, 2012, 12:37 PM
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thanks so much for understanding my doc n social worker dont understant but thank god u do relief
  #7  
Old Nov 28, 2012, 12:42 PM
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I was editing while you were replying....added a link you might want to check out for the HIPAA regulations.....& your rights
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Leo my soulmate will live in my heart FOREVER Nov 1, 2002 - Dec 16, 2018
  #8  
Old Nov 28, 2012, 12:57 PM
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thanks i wrote my local police departmebt to asking what they suggest
  #9  
Old Nov 28, 2012, 01:11 PM
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Thought this might help also:

Quote:
9. What can I do if someone violates the HIPAA Privacy Rule?

You don't have the right to sue under HIPAA. The most you can do is file a complaint. The privacy notice you receive from your health care provider or plan is required to tell you how to file a complaint within the organization. The notice should also tell you how to contact the HHS Office of Civil Rights. This is the government office charged with enforcing the Privacy Rule.

You must file your complaint within 180 days of the violation, but HHS can extend that time. HIPAA says you cannot be denied treatment because you file a complaint.

Even though the HIPAAA Privacy Rule does not give you the right to sue, other federal or state laws or regulations might give you the right to bring an action in court for violations of your privacy.

As with anything else, if you feel your rights have been violated, you may want to discuss the situation with an attorney.

Call your County Bar Association’s Lawyer Referral Service to be referred to an attorney who practices in the area of HIPAA violations or privacy issues.
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Leo's favorite place was in the passenger seat of my truck. We went everywhere together like this.
Leo my soulmate will live in my heart FOREVER Nov 1, 2002 - Dec 16, 2018
  #10  
Old Nov 28, 2012, 01:15 PM
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im in tears good tears thanks so much i apperciate it
to me it feels like they r trying to cover there butts in case something happens to me so they arent held liable or what not
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  #11  
Old Nov 28, 2012, 01:26 PM
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If your parents are fine with not signing the release for them to know your private health info I would ask them to help you find a clinic that will not mandate you to sign the waiver.

Finding a new provider may be the easiest solution to this problem.
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  #12  
Old Nov 28, 2012, 01:29 PM
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Quote:
Originally Posted by Amazonmom View Post
If your parents are fine with not signing the release for them to know your private health info I would ask them to help you find a clinic that will not mandate you to sign the waiver.

Finding a new provider may be the easiest solution to this problem.
its all for a group an its the director and group leaders all for it an my doc an social worker to
  #13  
Old Nov 28, 2012, 01:32 PM
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im also filing s complaint with better buisness bureau and want to take action so it dont happen to anyone else
  #14  
Old Nov 28, 2012, 01:45 PM
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I would definitely go to the government agency & let the government agency talk with your clinic & explain to them what the problem with their action is......before making it into a huge issue outside of that. If they are willing to understand the government agency & understand why they can't do what they are wanting to do....then there is no problem....it's only if they don't understand that they are violating the HIPAA rights of their clients that there could be a problem, then it's the government agency or maybe the county attorney that would have to take action then.....but they can't be sued.....just forced to change this policy.

Unfortunately local police & BBB don't have any ability to deal with this situation.....only might direct you in the right direction to get the help you really need.......

Sometimes when we are angry about something we do tend to take the shot gun approach & blast out our anger to any place that might have an ear even if it isn't able to help....but it's better to focus on the people who can take the action we need.
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Leo's favorite place was in the passenger seat of my truck. We went everywhere together like this.
Leo my soulmate will live in my heart FOREVER Nov 1, 2002 - Dec 16, 2018
  #15  
Old Nov 28, 2012, 02:01 PM
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What gov agency?

Quote:
Originally Posted by eskielover View Post
I would definitely go to the government agency & let the government agency talk with your clinic & explain to them what the problem with their action is......before making it into a huge issue outside of that. If they are willing to understand the government agency & understand why they can't do what they are wanting to do....then there is no problem....it's only if they don't understand that they are violating the HIPAA rights of their clients that there could be a problem, then it's the government agency or maybe the county attorney that would have to take action then.....but they can't be sued.....just forced to change this policy.

Unfortunately local police & BBB don't have any ability to deal with this situation.....only might direct you in the right direction to get the help you really need.......

Sometimes when we are angry about something we do tend to take the shot gun approach & blast out our anger to any place that might have an ear even if it isn't able to help....but it's better to focus on the people who can take the action we need.
  #16  
Old Nov 28, 2012, 02:04 PM
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I didn't say to police contact them or anything just asked if was wrong
  #17  
Old Nov 28, 2012, 02:19 PM
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No, it's part of HIPPA in the USA. HOWEVER, you can (and should imo) limit to WHOM they send that out for information. The HIPPA doesn't protect us or our information, it only protects the doctor and insurance companies. If they send it on to a third party, they don't get into trouble with how it is used then.

I always list the doctors / insurance they are allowed to release my info TO... and they must ask and get another release if I get a new doctor or whatever.
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Old Nov 28, 2012, 02:31 PM
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FreedomButterfly90 here in america yes it is legal for treatment providers to require their clients to sign release of information forms. most people sign these forms upon intake to the mental health agency /facility or treatment providers office as their clients. any time another person is held responsible for their clients safety, mental health care what ever that guardian must be notified in a crisis..

examples my wife must be called should I become suicidal because shes my wife and by law standards is the one that will be making any decisions on my behalf should I be legally considered not competent/ not able to make health decisions due to a mental problem or physical problem, at the moment that the decision needs to be made. like what if Im sitting in therapy and I suddenly become a danger to my self and others.. that in its self says Im not in a safe position to make and quick decisions. my wife gets called and told the situation and my wife then makes the decision of whether to follow the law and have me arrested for being a danger to myself and others, or follow the mental health law that says someone who is a danger to their self or others should be held in a hospital setting for 72 hours observation and treatment.

more and more treatment providers are having their clients sign crisis intervention plans that require the client to pick a representative to notify in a crisis and sign release of information forms so that the representative who will make the mental health and safety decisions on behalf of the client during times of crisis. its totally legal and here in NY, which is is the USA even the police here recommend crisis / emergency plans like this be done for anyone with any mental or physical health issues that may at some point render them unable to make their own decisions about their own safety, well being and treatment.

its just one of those many legal things people who need treatment sometimes have to do that they dont want to think about or do.

many treatment providers also request their clients do this to cover their behinds.. if something happens to you because you decided to charm yourself or others and you succeeded then no one can say the mental health treatment providers did not do everything to ensure your safety and well being.
  #19  
Old Nov 28, 2012, 03:35 PM
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This is the information I got off the HIPAA site on how to file a complaint:

Quote:
9. What can I do if someone violates the HIPAA Privacy Rule?

You don't have the right to sue under HIPAA. The most you can do is file a complaint. The privacy notice you receive from your health care provider or plan is required to tell you how to file a complaint within the organization. The notice should also tell you how to contact the HHS Office of Civil Rights. This is the government office charged with enforcing the Privacy Rule.

You must file your complaint within 180 days of the violation, but HHS can extend that time. HIPAA says you cannot be denied treatment because you file a complaint.

This site gives you directions on how to file the complaint:
http://www.hhs.gov/ocr/privacy/hipaa...nts/index.html
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Leo's favorite place was in the passenger seat of my truck. We went everywhere together like this.
Leo my soulmate will live in my heart FOREVER Nov 1, 2002 - Dec 16, 2018
  #20  
Old Nov 29, 2012, 04:19 AM
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elliemay elliemay is offline
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I'm not sure this is a violation of HIPAA laws. If they told your parents without the waiver, that's a violation. Reguiring you to sign the waiver, however, I think is well within the law.

Yes, it's a little coercive, but not illegal.

You don't have to sign it.

I also think they have to right to discontinue your treatment if you don't sign the waiver. Also well within the law in some states and depends on what that particular agency's procedures are.

It may be time to find another place.
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  #21  
Old Nov 29, 2012, 05:41 AM
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What I have done, for medical treatment, is to offer to sign one if the need arises, but decline signing a blanket release.
There are forms for that and they can ask you to sign one when they feel a need to request or release specific information. This way, you know what is being requested or released and from or to whom.
  #22  
Old Nov 29, 2012, 08:37 AM
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Quote:
Originally Posted by ECHOES View Post
What I have done, for medical treatment, is to offer to sign one if the need arises, but decline signing a blanket release.
There are forms for that and they can ask you to sign one when they feel a need to request or release specific information. This way, you know what is being requested or released and from or to whom.
yea we will see thanks
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