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View Full Version : Were HIPPA rights violated?


justgoaway
Nov 3, 2012, 10:16 PM
Long story short, my mother suffered a debilitating medical condition which ultimately ended with me relocating to be hher care giver. No one else in the family would offer to help, they have done everything they can to make mmy life miserable. It got to the point where I had to stop some individuals from coming around because of their greed driven antics. I had recently found out that one of my mother's aids was befriended by one of the now excluded family members (not a child) and has been giving regular updates as to my moms condition, treatment, therapy successes and failures, even her eating habits. I am my moms durable power of attorney and medical power attorney, I have been VERY clear as to not allow any disclosure to anyone. Has this aid violated her HIPPA rights?

Thank you in advance?

J_9
Nov 3, 2012, 10:34 PM
This aid is employed by an entity to assist in caring for your mother?

If the answer to that question is yes, then HIPAA is definitely being violated.

justgoaway
Nov 3, 2012, 10:45 PM
Yes, this is employed by my moms home health care provider. Additionally the aid had, in my opinion, "sweetened the story" and inserted some untruths into her communication as. The result of which has led to pending litigation... The whole reason I even asked was because the subsequent actions or results (partially of the aids loose lips) could lead to the untimely death of my mother. She is very sensitive to stressors, with the ever ungrateful family and the both true and false statements of said aid it is likely we will end up in court. The stress of which, in the opinion of her physician, will likely kill her. For the sake of disclosure I have, at the request of the family, been investigated in the past by APS. This claim was unsubstantiated. They have had other agencies investigate me as well... all unsubstantiated. What recourse could/would I have in result to the HIPAA violation? The violation could contribute to my moms untimely death.

J_9
Nov 4, 2012, 01:09 AM
You need to report this violation to your mother's health care provider and ask that her services be terminated from your mother's care.