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-   -   Medical records request (https://www.askmehelpdesk.com/showthread.php?t=679710)

  • Jul 7, 2012, 08:00 AM
    J_9
    Okay. If you say so. There is no way we are going to convince you otherwise... This coming from a certified HIPAA instructor.
  • Jul 7, 2012, 08:03 AM
    Fr_Chuck
    But, there is no Federal Statue that stops a company or person who is not a medical professional from giving out the information, the only Federal law there is, prohibits medical professionals from doing it.

    Example, if I legally got your records, I could give them to anyone I wanted to since I am not a medical professional.

    You do not know what the HIPAA law is, You assume incorrectly it stops anyone from giving it out. This is a common mistake people make.
  • Jul 7, 2012, 08:06 AM
    bezacct
    Certified in what? I have worked with CPAs for example. They were not always that competent. I feel for people that you are training. I violation of Hipaa can result in 2 to 3 year stint in Levenworth. If you are certified, I would be careful giving out this advice. The disclaimer you have at the bottom of your response does not constitute that your are free of liability if you say you are certified. That is part of the certification. See you on Monday.
  • Jul 7, 2012, 08:08 AM
    J_9
    I am a registered nurse and hold many certifications thank you.
  • Jul 7, 2012, 08:09 AM
    Fr_Chuck
    For Consumers


    Right from the Government web site as to who Does not have to follow HIPAA

    Employors and Law Enforcement as specificly listed as exempt from the law
  • Jul 7, 2012, 08:11 AM
    J_9
    Quote:

    Originally Posted by bezacct View Post
    Certified in what? I have worked with CPAs for example. They were not always that competent. I feel for people that you are training. I violation of Hipaa can result in 2 to 3 year stint in Levenworth. If you are certified, I would be careful giving out this advice. The disclaimer you have at the bottom of your response does not constitute that your are free of liability if you say you are certified. That is part of the certification. See you on Monday.

    Is that a threat?
  • Jul 7, 2012, 08:17 AM
    Fr_Chuck
    You have a professional who teaches it, you have a professional who is trained in it, and now you have a link to a government web site that tells you exactly that Law Enforcement is not under the law.

    If that is not enough, nothing will ever prove it to you.
  • Jul 7, 2012, 08:18 AM
    J_9
    This is all really unnecessary and actually pretty childish. I'm trying to help you but you take offense and threaten and attempt to demean me. I've never said anything derrogatory to you.
  • Jul 7, 2012, 08:22 AM
    Fr_Chuck
    And of course while you don't want to hear this for sure, I see perhaps a reason for trouble with your PO, if you talk to them like this, try to quote laws and try to use Federal provisions with them, you will be high up on their list. While it is not right, I have been there and seen it.
    Some people cause theirself to be the focus of attention to a PO who may live just to make their life a living hell. Using ever legal recourse they have.
  • Jul 7, 2012, 08:24 AM
    bezacct
    Quote:

    Originally Posted by Fr_Chuck View Post
    You have a professional who teaches it, you have a professional who is trained in it, and now you have a link to a government web site that tells you exactly that Law Enforcement is not under the law.

    If that is not enough, nothing will ever prove it to you.

    You teach it to who? A professional? Trained by who? Law Enforcement is not under the law is an oxymoron. Is not that the point, they are under the law. Check a Florida case where someone got prison time for a violation. Check your facts.
  • Jul 7, 2012, 08:25 AM
    J_9
    Do you want us to help you or do you just want to argue?
  • Jul 7, 2012, 08:28 AM
    bezacct
    There is no argue. I was just engaging in discussion. I am very well trained in law. I am concerned in people giving such advice or serious matters. You are a nurse, not a lawyer. However, you are giving legal advice.
  • Jul 7, 2012, 08:29 AM
    Fr_Chuck
    Quote:

    Originally Posted by bezacct View Post
    You teach it to who? A professional? Trained by who? Law Enforcement is not under the law is an oximoron. Is not that the point, they are under the law. Check a Florida case where someone got prison time for a violation. Check your facts.

    So you did not even take time to read the link to the FEDERAL WEB site explaining the law.
  • Jul 7, 2012, 08:31 AM
    J_9
    Quote:

    Originally Posted by bezacct View Post
    There is no argue. I was just engaging in discussion. I am very well trained in law. I am concerned in people giving such advice or serious matters. You are a nurse, not a lawyer. However, you are giving legal advice.

    And prior to mynursing career I was a paralegal. I know the law as well as medicine. There is nothing wrong with being educated.
  • Jul 7, 2012, 08:35 AM
    J_9
    Just an FYI my legal background is in products liability, insurance fraud, and medical malpractice. That was my profession before I decided to go back to school for nursing.

    I'm only trying to help you but you are fighting me every step of the way to the point of threatening me.
  • Jul 7, 2012, 08:42 AM
    Fr_Chuck
    If this line of discussion continues I will close this.

    If the OP can show web site links to prove that law enforcement is covered please do so.

    If the OP can show how the web link provided proving they are not covered is wrong please do so.

    J9 status of expert is well noted and proven to this site and attacks on it will not be allowed
  • Jul 7, 2012, 08:46 AM
    bezacct
    You have been reported
  • Jul 7, 2012, 08:47 AM
    J_9
    Quote:

    Originally Posted by bezacct View Post
    You have been reported

    to who?
  • Jul 7, 2012, 08:50 AM
    Fr_Chuck
    Thank you, you just reported me to me, I am one of the super moderators on the site,
    This was a warning that from both sides, continue to just attack each other I will close this thread, That is my job here.

    This is not a chat site, if you wish to provide any evidence you can, to support your side, please do, that we discuss, we provided links to government web sites you will not discuss what it said,

    Also if you want to discuss what the law SHOULD be, I can move this to a discussion board where we are allowed to be more "frisky" in our discussion.

    I think most will agree, everyone and all business SHOULD be requried to be under the law, the issue is, that HIPAA is very very limited law, it only covers a small group, not everyone in the US.
  • Jul 7, 2012, 10:00 AM
    ScottGem
    Quote:

    Originally Posted by bezacct View Post
    Can you send me your medical records? I can then pass them on to anyone I run in to walking down the street.

    Yes, you could. By giving you my medical records I am releasing them to you do as you deem fit. Only if I got you to sign something that limited your ability to use those records would you be in legal trouble.

    I've read through this entire thread and I have to say that you sir, as the saying goes, are an arse!

    You asked a question and members of this site have tried to help you. The members are respected and senior members of this site, who have proven their knowledge and the quality of their advice over several years. But instead of trying to learn from their advice you have argued and insulted them. You have referred to laws yet have never given any specific cites. On the other hand you have been given links to information that show how wrong you are.

    I don't expect you to be able to respond to this, but I had to let you know what a fool you made of yourself.

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