[qfamado]

My father stopped walking about 6 months again. I realized when I took notice of him having the same cloths on for three day. But, I wasn’t until he stated to have accident and not able to walk to the bathroom. We briefly discussed calling EMSA to get him to a VA hospital in our area. When that was done we found out that there were others things going on with him at the hospital that need to be addressed; after they were, because he was not walking the doctor and social worker decided that a skilled nursing home would be ideal. He was admitted to a local skilled nursing home and placed a long waiting list for a VA nursing home as well. After being there his benefits would no longer cover his stay. I got him transfer to a VA nursing home that was 4 hrs away from home until a bed became available that was closer to home. In the mist if all of this I somewhat informed his other children who do not live the same state as my father about the decisions I was making. I did not calling them because I felt that if they cared enough they would keep in contact, but I did not. My father does not have a POA so there was no one I felt the need to answer directly to. My father has been transfer back home to the VA that I intended for him. His health has seen declined. At the beginning we were discussing and making medical decisions together, now I am making them solely alone. I just found out that his oldest daughter is trying to take me to court because I violated his Hippa rights, because she is on a few medical papers as his emergence contact, which my father never mentioned. Did I violate his Hippa rights?

[JudyKayTee]

No, you did not. If, of course, the power of attorney runs to someone other than yourself you should not be making any decisions on his behalf.

[ScottGem]

No, you are not providing him with medical care, therefore YOU cannot violate his HIPAA rights. Also, even if you did, you could not be taken to court over it. The penalties for violation are handling by an agency charged with investigating violations.

How did you find out what the oldest daughter is doing? I'm also curious as to why you referred to her as his oldest daughter rather than my older sister?

The only possible HIPAA violations here were if those providing medical care to him discussed that care with you without proper permission. Your sister being listed as emergency contact does not mean that she alone has the right to oversee his medical care.

[cdad]

Did you receive any documentation or is this some kind of threat that is being made? As was said, you are not the health care provider. Your not bound in the same fashion by HIPPA law.

[qfamado]

Well, at the moment she is trying everything she can to find me a fault at something. Her first attempt was calling APS on me and once that did not stand she now want to take me to court for them possible Hippa violation.

I refer to her as his oldest daughter because we have different mother. And another thing is our age difference. She is in her late 50s and I am 29. I believe that due to this she questions if this man is really my father.

There is a mutual friend of my father’s that convey information.

[ScottGem]

So mentioning that she is a half sister would have removed that issue. As noted not only was this not a HIPAA violation, but it is not an issue for civil litigation.