Hipaa

[Penny8611]

I'm still taking my prereqs, so I really don't know how this officially works, but it seems like some people really stick to HIPAA, some people don't. My Mom has been in and out (and in again) of the hospital this past week; the first time she was admitted I was with her. My understanding is that since I was with her I was allowed to have a code to use when I called in to check on her. The second time she was admitted I was not present; they've told me because I wasn't physically present at the time of admission I can't have the code.

Some of her nurses have been quite forthcoming with information over the phone; I've identified myself as her daughter, but these nurses have never met me face-to-face and are still willing to talk to me. A couple of them have been really sticking to the apparent rules, asking for the code before they'll tell me anything. (Mom is in a nearby hospital, but I can't take off a ton of time from work, so I've been calling pretty frequently. No, not at 7a or 7p.:wink2:)

A dear family friend was visiting Mom during her first stint in the hospital; Mom obviously knew her and I had given our friend had the code to give the nurse, but the nurse wouldn't give her any information after finding out that Ann wasn't technically family. (But she IS family, if you understand what I mean. She's the best.)

The thing that I'm wondering about the most is that when Mom as originally admitted to the hospital and I signed all her forms (I'm POA) no one asked to see my ID. I would not have been offended at all if anyone had asked. Is part of HIPAA requesting ID verification in such a situation? I should think it would be, but...I could have been anyone.

It's been interesting but confusing...it seems like not everyone is playing by the same rulebook.

[RNmom08]

I don't understand why you cannot get info if you are POA and have the code reguardless if you were present or not. I'm in Peds and our parents give us code words to use. THey can give the code word to who they like grandparents, aunts/uncles etc. If a person knows the code word, they are allowed to know what is going on with the patient.

My grandmother was hospitalized and since I knew her code word, I could get info on her condition.

I'm sorry for your troubles with this and your loved one.

I agree with HIPAA very firmly but aren't there a reason we do the code words with patients?

[Turd.Ferguson]

The thing that I'm wondering about the most is that when Mom as originally admitted to the hospital and I signed all her forms (I'm POA) no one asked to see my ID. I would not have been offended at all if anyone had asked. Is part of HIPAA requesting ID verification in such a situation? I should think it would be, but...I could have been anyone.

Former HIPAA compliance officer here...

The fact that you were there with your mom is reason enough for the hospital to assume that you are involved in her health care. This situation is discussed in the notes supplied by HHS. In fact, anyone who accompanies your mother through the registration process may be accepted without reservation as one who can receive information about her without a written authorization; no identification is necessary. However, accepting you as POA is a state law, not federal. Thus, HIPAA has no say about your POA status.

As far as not accepting a neighbor's identification code...that is neither in compliance with nor violating statutes of HIPAA. HIPAA sets baselines for privacy. A health care provider may choose to implement more stringent guidelines for who to share information with, but, may not reject a POA's legal status.