HIPPA question

Posted
by sherry79007 sherry79007 (New) New

Jay has temporary guardianship of his grandma and put her in a nursing home and tells the nursing home that grandma's kids can't get any info about their mom. BUT, there's now a COURT ORDER saying the kids are allowed access to all medical information regarding their mom.

Our Director of Nursing told the family yesterday that it doesn't matter if there IS a court order. They (the nursing home) have to do what the guardian says because it's a violation of HIPPA law. I don't think this is right, and several others agree with me.

So, if there's a court order, doesn't the nursing home have to comply with it, or are they required by HIPPA law to ignore the court order and do what the guardian says?

sherry79007

sherry79007

6 Posts

Awesome. Thank you!

sherry79007

sherry79007

6 Posts

Me. ;-)

I can't wait to brag about it later today. :-)

xtxrn

xtxrn, ASN, RN

4,266 Posts

:cheers::yelclap::BDCk::nmbrn::anpom:

BabyLady

BabyLady, BSN, RN

Specializes in NICU, Post-partum. 2,300 Posts

Jay has temporary guardianship of his grandma and put her in a nursing home and tells the nursing home that grandma's kids can't get any info about their mom. BUT, there's now a COURT ORDER saying the kids are allowed access to all medical information regarding their mom.

Our Director of Nursing told the family yesterday that it doesn't matter if there IS a court order. They (the nursing home) have to do what the guardian says because it's a violation of HIPAA law. I don't think this is right, and several others agree with me.

So, if there's a court order, doesn't the nursing home have to comply with it, or are they required by HIPPA law to ignore the court order and do what the guardian says?

Court order overrules HIPAA...all day long.

Think about it....a biological mother loses custody of her child due to a COURT ORDER...does that STILL entitle her to medical information?

Absolutely not.

Follow the court order and tell her she needs to check with the legal department before the family files a complaint with the court and your boss ends up IN court.

Rob72, ASN, RN

Specializes in Infectious Disease, Neuro, Research. 685 Posts

...also billed as the Health Insurance Privacy and Portability Act.;) At least when we were being told what a "Great Step Forward" it would be.

If you can't follow rabbit trails, what fun is it walking in the forrest?:D

kids

1 Article; 2,334 Posts

That there is a guardian complicates the issue and no one should do anything until the situation has been clarified by the facility's legal department.

Guardianship is NOT the same as a PoA.

The Dependant adult who has been appointed a guardian has little to no rights, all if not most of their rights have been transferred to the guardian. They can not vote, sign a contract, get married, buy/sell/trade any possessions, consent or refuse medical treatment, etc.

The court order is the equivalent of my adult children going to court and an order that I have to disclose my health care information to them.

The situation is not the same as if a biological parent does not have custody of their child, there are seperate laws that dictate and protect the rights of a non-custodial parent. It's apples to oranges.

http://www.caring.com/articles/adult-guardianship

http://www.seniornavigator.org/virginianavigator/DetailSN.aspx?contentId=24126&.f=2

Guardianship often include "Full Guardianships"; meaning that ALL rights of an individual are taken away and all decisions are left to the Court Appointed Guardian. Limited Guardianship can specifically designate what decisions the Court Appointed Guardian is responsible for and what decisions the incapacitated individual can continue to make on their own. For instance, if you are pursuing Guardianship for the purposes for medical decision making and financial purposes only, then the Court order can specify that the incapacitated person will reserve his or her right to vote, get married, rent an apartment, etc.

*snip*

It is critical to remember that Guardianship takes away all rights an individual has; including the right to vote, the right to get married, the right to sign contracts, the right to make medical decision, and the right to rent an apartment.

http://www.peoples-law.org/files/guardian_ch1.pdf

(Main link: http://www.peoples-law.org/health/disability/adult-guardian/toc.htm )

The appointment of a guardian removes some or all of a person’s ability to make decisions about her life. The court takes away the authority and power that the person had as an adult and gives it to the guardian. The guardian stands in the shoes of the person, and others look to the guardian, not to the person, for personal or financial decisions.

If a court appoints a guardian of someone’s person, the guardian, not the person, will make decisions about where the person is to live, what medical treatment she is to receive, whom her doctors should be, with whom she associates or where she travels.

Edited by kids

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 42 years experience. 4 Articles; 20,908 Posts

That there is a guardian complicates the issue and no one should do anything until the situation has been clarified by the facility's legal department.

Guardianship is NOT the same as a PoA.

The Dependant adult who has been appointed a guardian has little to no rights, all if not most of their rights have been transferred to the guardian. They can not vote, sign a contract, get married, buy/sell/trade any possessions, consent or refuse medical treatment, etc.

The court order is the equivalent of my adult children going to court and an order that I have to disclose my health care information to them.

The situation is not the same as if a biological parent does not have custody of their child, there are seperate laws that dictate and protect the rights of a non-custodial parent. It's apples to oranges.

http://www.caring.com/articles/adult-guardianship

http://www.seniornavigator.org/virginianavigator/DetailSN.aspx?contentId=24126&.f=2

http://www.peoples-law.org/files/guardian_ch1.pdf

(Main link: http://www.peoples-law.org/health/disability/adult-guardian/toc.htm )

Very well said......

sherry79007

sherry79007

6 Posts

I apologize for using HIPPA instead of HIPAA. I'm not a nurse.

My concern is for the family who's being forced to watch while their mother is being drugged whenever she begs to go home. She's being slowly murdered, IMO. I've seen it with my own eyes. She's being mentally abused and she's miserable and told me she'd rather die than go on living in that awful place. This poor old lady needs to go home with her kids who obviously adore her.

Again, I apologize for the 'HIPPA' thing.

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