Have you ever had questions about what might be going on with an older loved one’s health? But then you find that your older relative is unable — or unwilling — to let you in on the health details?
Or maybe you’ve wanted to talk to your parent’s doctor, but worried that doing so might be a HIPAA violation?
Such issues come up often for the family caregivers of aging adults. Common situations include:
- An older parent who starts to act in ways that are strange or worrisome, such as becoming paranoid or delusional.
- An older adult who seems to be physically or mentally declining, but seems reluctant to discuss the situation
- A hospitalization or emergency room visit
- A hospitalized older person becoming confused (this would be delirium) and becoming no longer able to explain to family what the doctors have said
In these situations, family caregivers often find themselves grappling with issues related to the HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule.
Why all the grappling?
Well, although most people — and all clinicians — have heard of HIPAA, its rules and requirements are often misunderstood. So for instance, families may assume that it’s a HIPAA violation to report a relative’s worrisome behavior to the doctor, because their relative hasn’t given them permission to do so.
Even worse: doctors and other clinicians sometimes refuse to disclose any information to families, and will incorrectly claim that it’s a HIPAA violation to do so. This can create extra confusion and stress for families, or can even sometimes put an older person at risk for harm.
If you’ve been concerned about an aging parent’s health, or are otherwise helping someone with their health concerns, then it can be very helpful to understand HIPAA better. HIPAA regulations will also govern your access to medical records and other important health information.
In fact, the American Bar Association includes “Know your rights of access to health information” among its Ten Legal Tips for Caregivers.
The detailed ins and outs of HIPAA can indeed be hard to fully understand. But, it’s not too hard to learn some practical basics, especially since the US Department of Health and Human Services (HHS) provides a Summary of the Privacy Rule here, and maintains a truly useful set of online FAQs about HIPAA here.
In this article, I’ll explain five useful key basics to help you understand HIPAA better, especially when it comes to getting information and medical records as a family caregiver.
I’ll also address five questions I’ve often heard family caregivers ask about HIPAA.
At the end, I’ll share some of my favorite online HIPAA resources, as well as some final tips to keep in mind.
5 Key Basics About HIPAA
1. What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law passed in 1996. Among other things, HIPAA required the Department of Health and Human Services (HHS) to create a federal “Privacy Rule” for health providers and health plans, governing how these entities must protect the privacy of an individual’s medical information.
Usually, when people refer to HIPAA, they are actually referring to the HIPAA Privacy Rule created by HHS.
The HIPAA Privacy Rule basically says that “covered entities” must take certain steps to keep a person’s health information confidential and secure.
“Covered entities” means health providers, health insurers, and many other professionals whose daily work involves the handling of individuals’ medical information.
Private citizens and family caregivers are not “covered” by the Privacy Rule. This means that you do not have to maintain your — or your older parent’s — health information confidential in the same way that health providers do.
Exactly how “covered entities” should comply with the Privacy Rule can get pretty complicated to explain. What is most important for you to know is that this often — but not always — means taking steps to make sure that patients are in agreement, before their health information is shared with other people.
Overall, HIPAA is intended to balance a person’s right to privacy with the need for health providers to share medical records and otherwise communicate with others, in order to properly care for a patient and act in the patient’s best interest.
To read about the rule in more technical detail, see here: Summary of the HIPAA Privacy Rule.
To read a good plain-English summary of your rights (as an individual) under HIPAA, see here: Your Rights Under HIPAA.
2. What information is protected by HIPAA?
HIPAA’s Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity, no matter what form it is in. So HIPAA applies whether a person’s health information is held or disclosed electronically, orally, or in written form.
A person’s health information is often referred to as “protected health information” (PHI). This covers information that relates to:
- a person’s past, present or future physical or mental health or conditions
- any health care provided to a person (e.g. clinical notes or lab results related to a person’s medical care)
- past, present, or future payments related to a person’s health care (e.g. billing records)
In other words, this is information created by, or stored by, healthcare providers and insurers, such as medical records.
HIPAA also covers demographic data and any information that can be used to identify a person, such as names and addresses.
If you are a family caregiver, remember that you are not a “covered entity.” Hence you aren’t responsible for protecting health information in the same way that your relative’s doctor is.
3. What to know about HIPAA’s rules on the disclosing of protected health information without committing a HIPAA violation
You’ll be able to sort out what is and isn’t a HIPAA violation more easily if you understand a few fundamentals about HIPAA’s rules on these issues.
According to the HHS Summary of the HIPAA Privacy Rule: “A covered entity may not use or disclose protected health information, except either:
(1) as the Privacy Rule permits or requires; or
(2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.”
In other words, doctors are allowed to disclose health information if a person authorizes it in writing, or if the Privacy rule otherwise permits or requires such disclosure.
Now, let’s address the difference between being required and being permitted to disclose, because that is really at the heart of a lot of HIPAA confusion.
The difference is that when doctors are required to disclose, then they have to do it, whether or not they want to.
Whereas when they are permitted to disclose, they are allowed to do it, but they don’t have to. (Which means, they might refuse to do it, and they are legally allowed to do so, unless other federal, state, or local laws apply.)
You now probably will want to know: under what circumstances are health providers required or permitted to disclose health information?
Required disclosures of health information. Health providers must disclose protected health information in these two situations:
- When individuals — or their personal representatives — request access to their protected health information. Individuals can also request an accounting of disclosures, which means the covered entity has to tell a person with whom the information was shared.
- When the Department of Health and Human Services requests information, as part of a compliance audit or enforcement investigation.
In short: if you request it, your doctors must give you copies of your medical records. This is known as the “Right of Access.” You can learn more about your rights to view or obtain copies of your health information here: Individuals’ Right under HIPAA to Access their Health Information.
And if you are the durable power of attorney for healthcare for your relative, and if you are currently authorized to act, you have the right to request and obtain your relative’s health information.
Permitted disclosures of health information. Under certain circumstances, health providers are allowed — but not required — to disclose information, without obtaining the patient’s written permission.
Now here’s where things start getting trickier, because the list of permitted circumstances is much longer and more complicated than the list of required disclosures.
If you want to learn about all the permitted disclosures and uses, you can do so by reading the HHS Summary of the Privacy Rule.
But I think it’s more useful to learn from the FAQs that HHS has published online, especially the ones created to guide doctors and other healthcare professionals. I will share some of the more useful ones in the next section, when I address FAQs based on the questions I’ve had people ask me.
For now, the main thing you should know is this: in many cases, health providers are allowed, but not required, to disclose health information to others, even if a patient doesn’t give written or verbal permission for this.
As you will see below, when we go through some FAQs, doctors are allowed to use their clinical judgment and disclose information when a patient lacks capacity to give consent, if the clinician decides that the disclosure is in the best interest of the patient.
4. What to know about HIPAA’s “minimum necessary” requirement
The HIPAA Privacy Rule describes a principle of “minimum necessary” use and disclosure:
“A covered entity must make reasonable efforts to use, disclose, and request only the minimum amount of protected health information needed to accomplish the intended purpose of the use, disclosure, or request.”
Basically, this means that when health providers disclose health information to someone other than the patient, they can’t just disclose anything and everything about their patient’s health. Instead, they should only share on a “need to know” basis, and focus on what’s relevant and necessary.
Note that the minimum necessary requirement does not apply to all disclosures. The Privacy Rule summary lists six situations as exempt, including “disclosure to or a request by a health care provider for treatment.”
In short, if your doctor refers you to another doctor, she can send your whole medical chart along. But, if a doctor is speaking to your family while you are sick in the hospital, the doctor is only allowed to disclose what is necessary and relevant to your current hospitalization and care needs.
5. What is a “HIPAA release”?
Many health providers and other covered entities will require a person to sign a written authorization, before they disclose protected health information. This is sometimes called a HIPAA release, a HIPAA waiver, or a release of information authorization.
Interestingly, the HIPAA Privacy rule itself does not require health providers to do this. Instead, per the Summary:
“Obtaining ‘consent’ (written permission from individuals to use and disclose their protected health information for treatment, payment, and health care operations) is optional under the Privacy Rule for all covered entities. The content of a consent form, and the process for obtaining consent, are at the discretion of the covered entity electing to seek consent.”
In other words, although it’s extremely common for health providers to ask patients to sign written authorizations before disclosing health information, such written consent is not actually required by HIPAA.
Instead, a requirement for written consent usually reflects a clinic’s policies, or perhaps the preference of an individual clinician. Understandably, clinicians want to avoid HIPAA violations or otherwise being accused of failing to protect a patient’s confidentiality.
5 Caregiver FAQs about HIPAA and avoiding HIPAA violations
1. Is written permission always required by HIPAA, for a doctor to be able to talk to me about my older parent’s health?
Nope! As noted above, for permitted disclosures of health information, HIPAA does not require that a patient give written permission.
Instead, clinicians are allowed to use a patient’s verbal consent.
HIPAA also says it’s ok for clinicians to give patients an opportunity to object and to proceed if they don’t object, or even to “reasonably infer, based on professional judgment, that the patient does not object.”
Personally, I have often spoken to a patient’s adult children on the phone, because the patient told me it was okay to do so. However, I usually document in my clinical note that the patient said it was fine to talk to his or her children.
Last but not least, if a patient is not present or if it’s “impracticable because of emergency circumstances or the patient’s incapacity for the covered entity to ask the patient about discussing her care or payment with a family member or other person,” HIPAA says that clinicians can disclose information if they determine that doing so is in the best interest of the patient.
In short, HIPAA allows health providers to have a lot of leeway, when it comes to disclosing medical information to family and others. However, those disclosures will usually have to comply with the “minimum necessary” rule.
Most state laws are similar to HIPAA, but in some states, requirements may be more stringent.
You can find more details through these FAQs:
2. Can doctors talk to me about my older parent’s health during an emergency?
Yes, HIPAA allows this type of disclosure. So doctors are permitted to update you about your parent’s health during an emergency.
Furthermore, HIPAA does not require providers to ask family caregivers for proof of identity, before disclosing information.
That said, just because doctors are permitted to disclose information to you doesn’t mean they have to do it. As this FAQ notes, “a health care provider is not required by HIPAA to share a patient’s information when the patient is not present or is incapacitated, and can choose to wait until the patient has an opportunity to agree to the disclosure.”
For more information:
3. My older parent doesn’t want his doctor to talk to me. What can I do?
This question tends to come up when a family has become concerned about an older person’s mental and/or physical decline. Some older adults will resist their family’s desire to communicate with the doctor. So what can be done?
First of all, as a family member, remember that you are not a “covered entity.” So whether or not a doctor is permitted to disclose information to you, HIPAA does not prevent you from contacting your parent’s doctor and relaying any concerns or information you have.
You can even ask questions; the doctor probably won’t answer them, but it’s good for your parent’s doctor to know what kind of questions your family has.
Otherwise, if your parent has specifically told his doctor to not talk to you, then there are a couple of angles you can consider:
- Consider the possibility of incapacity. HIPAA does permit doctors to disclose information to family when a patient is incapacitated or otherwise unable to consent to the disclosure.
- If you think your parent might be incapacitated by cognitive decline, delirium, or another medical problem, ask the doctor to consider this.
- You can start by voicing concerns in a phone call, but it’s best to eventually put them in writing, because your letter will normally end up scanned into your parent’s medical chart. Be sure to include information on concerning behaviors of incidents that you have observed (such as any of these: 8 Behaviors to Take Note of if You Think Someone Might Have Alzheimer’s).
- You can learn more about incapacity here: Incompetence & Losing Capacity: Answers to 7 FAQs
- Has anyone been designated as durable power of attorney for healthcare? HIPAA allows a patient’s representative to request medical records and health information.
- Check any durable power of attorney documentation to see under what circumstances the agent has authority to act. Most documents require the older person to be incapacitated, but some allow the agent to act right away.
Of course, even if you are legally permitted to seek information about your parent’s health, your parent is likely to be angry about your doing so. The decision to override an older person’s decision or preferences is a serious one, and should only be considered under special circumstances.
If you have good reason to believe your parent’s insight and judgment are impaired, then it may be ethically reasonable to override their preference for privacy and take actions that will help them achieve their health and safety goals. Just be sure to think through the benefits and risks of your available options carefully, before you proceed.
Of course, what is better is that older adults plan ahead and tell their children what they should do if their older parent ever seems to be ill or mentally impaired, and refuses assistance. But as most older adults don’t get around to doing this, family caregivers do sometimes have to consider some difficult trade-offs when it comes to privacy versus health, safety, or other goals.
Relevant HIPAA FAQs and other information:
Incompetence & Losing Capacity: Answers to 7 FAQs
4. Does a power of attorney for healthcare give me the right to access my parent’s health information?
HIPAA gives a patient’s authorized “personal representative” the right to access information and medical records. A personal representative is defined as a person authorized, under State or other applicable law, to act on behalf of the individual in making health care related decisions.
So yes, if you are the durable power of attorney for healthcare, then you will have a right to access your parent’s health information, provided you are currently authorized to act.
A power of attorney document should specify under what conditions the agent can act. Some are “springing,” which means the agent can only act if the “principal” (the person signing the document) is incapacitated.
But other durable power of attorney documents may allow the agent to have authority to act right away. In this case, you can act unless there is a conflict with what the principal says (assuming the principal has not been deemed incapacitated).
For more information:
Guidance: Personal Representatives
Individuals’ Right under HIPAA to Access their Health Information
Addressing Medical, Legal, & Financial Advance Care Planning
5. My parents want their doctors to share health information with me. How can we make sure the doctors do this?
The best approach is for your parents to bring this up with their doctors and ask what should be documented, to ensure this.
Even though HIPAA itself does not require patients to provide written authorization in order to disclose information to family, clinicians usually feel more comfortable disclosing information if the patient has put something in writing. Many clinics have forms available for this purpose.
Another thing to consider is having your parents designate you as durable power of attorney for health. Consider having your parent indicate that your authority is effective immediately, rather than upon incapacity. (This is an option on health POA forms in California.) This will confirm your status as their “personal representive,” when it comes to requesting access to their medical information.
For more information:
More Useful HIPAA Resources
I’ve tried to cover the practical basics for caregivers in this article, but of course, there’s a lot more to HIPAA and medical privacy. As of 2020, there has also been additional guidance provided related to COVID, which you can find here: HIPAA and COVID-19.
Here are some of my favorite resources.
HIPAA Resource List
HIPAA FAQs for Professionals: Disclosures to Family and Friends
California Civil Code (regarding disclosures to family): CHAPTER 2. Disclosure of Medical Information by Providers
Individuals’ Right under HIPAA to Access their Health Information (Includes FAQs)
Next Step in Care Guide: HIPAA: Questions and Answers for Family Caregivers
Final Tips
Here are a few final tips for you to keep in mind, if you ever want to talk to a doctor about a relative’s healthcare.
- Plan ahead if possible.
- Older people should consider how their family might be able to communicate with doctors in the event of an emergency, or even in the event of developing memory or thinking problems.
- Find out how your family’s usual doctors and health providers will be most comfortable disclosing health information. Complete release of information forms ahead of time if possible.
- Every older person should complete a durable power of attorney form for healthcare. Consider giving the agent authority to act immediately; this will enable the agent to request medical records even if the older person has not been proven to be incapacitated.
- Consider researching your state’s laws governing disclosure of health information to family and friends.
- Many states have laws similar to HIPAA, but some may impose additional restrictions.
- Be prepared to politely help inform clinicians of what HIPAA permits. Some clinicians may not realize that HIPAA does allow them to talk to you about your relative’s health, depending on the circumstances.
- Consider printing out a copy of the relevant HHS HIPAA FAQs for Professionals: Disclosures to Family and Friends.
- For a good NPR story confirming that hospital employees and health providers often do NOT understand your access rights: It’s Your Right To See Your Medical Records. It Shouldn’t Be This Hard To Do.
- Remember that although HIPAA permits clinicians to disclose information under many circumstances, such disclosures are not required. Clinicians are only required to disclose health information when a patient — or authorized representative — requests this, based on the patient’s right of access.
This article was last reviewed and updated in July of 2024.
Rebecca Cline says
Hello, my father is an inmate at a local jail facility. He is 53 years old. Within the last week, he has had major confusion. The doctor at the facility wants him to have a CT scan done of his head they believe he may have had a stroke. No action is being taken. Thats been 3 days ago. I try to call and get an update on him and all they say is because of HIPPA they cant tell me how he is. Is there any action or any thing i can say to them to see how my father is.
Nicole Didyk, MD says
I’m sorry to hear about your dad’s confusion. As far as I can tell, HIPAA applies to jail inmates as it would to anyone else. If your father hasn’t given consent for his health information to be released, then I’m not sure that the jail is obligated to disclose health information to you.
Perhaps arranging a visit, if that’s possible, would give you information about how he’s doing.
S Nadkarni says
With advent of IDENTITY THEFT, an individual needs to protect information like Date of Birth, Social Security, mailing address, phone numbers, etc. However every medical service providers as well as medical insurance companies demand all of this information publicly in an open setting before initiating purpose of visit or phone call by stating it is a HIPPA requirement.
What is the recourse? Do you have a answer?
Calls to MEDICARE ask you to enter the information using digital buttons on the phone. This is a good practice.
Thank you
Nicole Didyk, MD says
I understand being concerned about sharing such private information, but I’m not sure what you mean by an “open setting”. Are your referring to filling out a form or giving verbal information in doctor’s office or hospital?
I can only think of practical strategies, like providing information in a written format that a clerk could transcribe, or filling out a form while shielding the information from view. If you let the person collecting the information know about your concerns, they might be able to give you some direction about how to transfer that information in a way you feel comfortable.
casey brooklyn says
My loved one was in the hospital. She took her son off her POA and HCP as she didn’t want him to make health decisions. Only her husband and daughter could of her request. The hospital spoke to the son multiple times. My love one couldn’t speak because of mild dementia and the hospital was making it worse as the stress. The hospital also spoke to her retirement community independent living/resident for adults 55 plus community. I don’t agree with hospital being able to talk with her son when she choice that. But I def don’t agree with her retirement community talking as in their rental agreement it states “Not involved in a residents care”
Nicole Didyk, MD says
In my experience, a family member doesn’t have to be a POA or HCP to get medical information from a hospital, they just need the verbal consent of the patient. Even with mild dementia, your family member may be able to provide that consent, and may have done so.
But if there’s no consent, you are correct that medical information should not be shared. And if the home where she lives is not part of her “circle of care” then they shouldn’t get information either. Most hospitals have a “privacy officer” and/or a “patient relations” person who should be able to hear your concerns and help you advocate for your family member’s right to privacy.
Mik says
I need help. My father was on pain medications and others for almost 30 years. I found out he stopped all medications cold turkey almost a year ago. His behavior has been declining ever since. He is becoming delusional, forgetful, talking to people that aren’t there, he hears these people talk to him daily. He says that are trying to kill him, they steal from him and he is now becoming a threat to himself and to others. He carries a gun to sleep and also goes looking for these men trying to kill him. He has even had the police called on him before for disturbing the peace/his neighbors because he thought the men trying to kill him lived there.
He is forgetting to pay bills, forgetting to do simple things like shave. Due to HIPPA I don’t know if he was on any other meds but I am so concerned. I tried talking to his doctor and of course he won’t talk due to HIPPA and my dad not signing a form. I tried making an appt for him and my dad was supposed to meet me for breakfast this week and after breakfast I was going to take him to the doctor but he never showed to meet me.
I don’t know what to do. Do I keep trying to take him even though he says he doesn’t need to go? Do I call the police and have them assess his mental health? What are my options? I am so scared he is going to hurt himself, someone else or possibly someone hurt him if he approaches the wrong person. We live in Colorado. I just don’t know what direction to start. I’m also the only child and have no one to help guide me in the right direction
Nicole Didyk, MD says
There are quite a few concerning details in your story including the changes in thinking, memory loss and personal neglect, access to firearms, and missing appointments. I can understand feeling overwhelmed.
With HIPPA, your doctor may not be able to share information with you but can certainly receive any data you have to share, including details about your dad’s involvement with police and his frightening delusions. That information would be very important for a doctor to know.
Where I practice, if a person poses an imminent threat to their own or someone else’s safety, a doctor can legally send them to hospital to have a psychiatric assessment, and if that scenario arises and a person won’t even go to the doctor, the police could be called to take the person in. It can feel like a betrayal but is often the first step to a parent getting the assessment and help they need.
If it’s not an emergency, then I would recommend checking out Dr. K;s new book: “When Your Aging Parent Needs Help: a geriatrician’s step-by-step guide to memory loss, resistance, safety worries, and more”. This is a practical guide to how to start helping an aging parent, even when you don’t know where to start. You can learn more here. The book can help you to set small goals and make progress towards helping your dad.
Maria Mankin says
Hi, my mother is almost 96 and has been very healthy until her doctor, because her anemia, ordered a stool test to rule out colon cancer. The test came back positive and now the doctor would like me to discuss with her the possibility of colon cancer and if she would like treatment in the case she has it, but to confirm the diagnosis she would need a colonoscopy which the doctor does not recommend at her age. Also the doctor does not recommend cancer treatment for her. I would like to protect my mom and not tell her about the possibility of cancer and I would like her to spend these last few years of her life without tainting it with the thought of a possible cancer diagnosis and let nature take its course. My question to you is do I have the right not to disclose this to her? I have to mention that we are from Italy and our culture respects this right, but I know things are different here. Also my mom is not in pain and very healthy at the moment and she might be for years, but knowing about this would destroy her and depress her.
Please advise. Thank you!
Nicole Didyk, MD says
This scenario does come up once in a while in my practice.
If the doctor recommended the colonoscopy, then the challenge would be that in order for your mother to decline a colonoscopy, she has to be informed of the risks and benefits of not having the test done, and be allowed to make a decision about that. If the doc doesn’t think it would be appropriate for her to have the test, then she doesn’t need to have that discussion, but some would consider that an example of paternalism.
As you mention, this can be a very culturally sensitive situation and many cultures have a tradition of respecting a professional’s opinion and recommendation without involving the patient themselves. It may be an ethical dilemma but it’s not a HIPAA violation as far as I can see.
Jennifer says
Hi,
I understand the HIPAA laws but one thing it doesn’t address that I feel it should is, can a FORMER employer or employee of any medical profession (doctor, nurse, medical assistant, cna, pa, np, etc.) discuss a patient’s medical records of the practice they were employed at with another medical professional or anyone for that matter without the patients consent? I’m not talking about taking their actual records with them, just discussing information. Is that a HIPAA violation?
After all the former employer or employee has personal knowledge of a patient’s medical information that a patient has a right of privacy to.
Thank you
Nicole Didyk, MD says
From an ethical and moral point of view, it wouldn’t be right to disclose medical information after leaving a job that required access to personal health info, but it may not be subject to HIPAA if they are no longer working in that domain.
I couldn’t find an article that specifically addressed this situation, but this website had some helpful answers to FAQ about HIPAA.
Jennifer says
Thank you for your response and help. It would be nice if HIPAA would specifically address this. I feel once you work in any type of medical facility under any capacity and have access to patient’s private medical records/info you should be bound under HIPAA to protect patients rights to privacy even after leaving the facility. Protecting a patient’s medical privacy is protecting a medical patient’s privacy. It’s not like once you leave you forget a patient’s info. There’s no difference.
Tracy Hawthorne says
My father told me this week he is dying. That nothing can be done, and he’s living on borrowed time. He told us last year that his neck arteries were clogged and he needed a operation. He refused and never had one. We do not know if that is his medical problem, or if it is something else. He refuses to tell us anymore information. We don’t have a time line, we do not know what illness he is dealing with, we know only what he said, he is dying.
Is there anything we as his family can do to get the information we need to help him, or at least prepare our family for whatever it is to come? Please help!!!!
Nicole Didyk, MD says
I’m so sorry to hear that your dad is suffering, and I can understand feeling frustrated that you don’t have more information.
If your dad isn’t telling you about his health, there probably isn’t another way to get that medical information, as long as he’s mentally capable.
Often, people need time to share serious medical information with their family members. Probably the best thing to do is let the family member know that you’re there for them if they want to tell you more. They may eventually fill in the details of what’s going on, and let you know how you can help.
Alex says
Hi, over the course of 3 months, my mom has been going to this clinic that her job is making her go to. Typically, my older sister and I usually go with my mom and enter the exam room with her. Previous clinics or offices allow one of us to enter the exam room with no problem. This is due to my mom not really understanding the medical situation cause of the language barrier hence why my sister and I will go with her. However this clinic is refusing to allow either of us to come with my mom. She expressed how the translator and doctor make it hard for her to understand and really would like one us to be there in the exam office and explain/translate. I feel like this something not right because they use HIPPA as in excuse but I never heard of it being used like this
Nicole Didyk, MD says
That doesn’t sound right to me – I almost always allow patients to bring someone in with them if they choose (as long as I have the space for them).
I would ask the manager of the clinic about their policy on allowing clients to have an accompanying family member which can be important for cultural and language reasons. As long as your mom provides express consent, there should be no barrier!
sharyn says
my daughter’s partner of 26 years walked into hospital and left for long-term care because he is now incapacitated. Since they were not married she can’t get medical records in the state of Oklahoma. he just turned 46 this July. Everything is so overwhelming for her. She can’t get medical power of attorney since they were never married. Her son is 22 so we are hoping we can do is, as soon as we figure out what hoops we have to jump through. Do we get an attorney do we just go to the court house and get a judge to rule, but we need medical records to show proof. All this trouble because when he was in ICU no one checked his Oxygen levels, no oxygen to the brain caused major damage to this poor man
Nicole Didyk, MD says
I’m so sorry to hear about your daughter’s partner’s brain injury. That’s so unexpected in a person his age, and it’s not uncommon that someone his age would not have arranged a POA.
In older adults, if there’s no legal POA, it would most likely go to the children. If this man has living parents, they may be the first ones that the “system” would recognize though. I’m not sure if you need a lawyer, or could go to court yourself.
The social worker at the hospital should be able to help navigate the steps needed to get POA organized, and I would talk to them as soon as possible. Following that, it should be easier to get medical records.
Sorry I can’t give more specific advice, and best of luck.
Aurora says
I went to the doctors today we were brought in by the nurses and sat down and nurse comes up to us, never asked if I wanted any of my information shared or kept private and now my mom knows I’m on birth control. Due to religious belief were told not to have sex before marriage and my parents are really big on that. I had to excuse myself to the restroom and I cried. I don’t know how to handle this. I dont feel like I can face my family after that and I’m really angry about this. How do I handle this.
Nicole Didyk, MD says
Hi Aurora and I need to tell you that I usually work with older adults where the issue of birth control rarely comes up.
In the region where my practice is located, minors can consent to treatment, including birth control, without the parent’s consent. Minors may also be protected under HIPAA, but some clinics have a process to allow parents to have access to the minor’s file (usually with a written consent). or they may treat the parent as the minor’s representative and automatically share.
If you’re not a minor, then your parent can’t have access to your personal health information without your consent. It may be that if your mom came into the room with you, the nurse assumed you had given consent for her to be there and share in the information.
In terms of facing your family, it’s not my area of expertise, but people can be on birth control for reasons other than contraception, which your mom might not be aware of. If your school or work has counselling, they may be able to offer you some advice about how to talk to your family about issues that are awkward or painful.