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Social workers and HIPPAA compliance?!

Posted: Mon Nov 14, 2011 8:25 pm
by Homeschoolmom7
Just as I suspected, today during our 'visit', the vulture asked us to sign a release of medical records for my children. Of course I said "No." I never gave any further reason but stated I would not be signing anything. The vulture was irritated but stated, "Well..I can get them anyhow since I am HIPPAA compliant, but signing allows me to discuss the investigation with your pediatrician..." Ummm...woman I may have been born at night but it certainly wasn't last night! I knew the she was feeding me a line, but if she truly can just go and get all the records...WHY oh WHY does she want ME to sign a medical release then?? What benefit is it of hers to get this signature?? What is she allowed to see in my kids medical file?

Re: Social workers and HIPPAA compliance?!

Posted: Mon Nov 14, 2011 9:08 pm
by Beatthescammers
She may be exempt if your child's physician allows her to be exempt (gives her the records).
http://docs.google.com/viewer?a=v&q=cac ... q3Zbv_UlaQ

Immediately go to your children's physician's office and tell them that you do not approve of the release of your children's medical records to anyone. Will this absolutely prevent CPS from getting their records? NO, but it is worth a try. If you are friendly with their pediatrician, I would tell his receptionist that you need to briefly speak to him. In my opinion I think you should tell him/her that "you know I am a loving parent. I bring my children in every X amount of months and blah blah..... Someone falsely reported me to CPS and now CPS is on a fishing expedition. I do not want my child's records to be given to them if they request such. Thank you for honoring my request."

Re: Social workers and HIPPAA compliance?!

Posted: Mon Nov 14, 2011 9:09 pm
by Beatthescammers
If the doc's office gives her the file, she can obviously look through everything. If she does not have a name for their pediatrician she will only be able to find this doc if your kids receive Medical Assistance or if someone tells her the doc's name.

Re: Social workers and HIPPAA compliance?!

Posted: Tue Nov 15, 2011 10:06 pm
by Homeschoolmom7
Beatthescammers wrote:She may be exempt if your child's physician allows her to be exempt (gives her the records).
http://docs.google.com/viewer?a=v&q=cac ... q3Zbv_UlaQ

Immediately go to your children's physician's office and tell them that you do not approve of the release of your children's medical records to anyone. Will this absolutely prevent CPS from getting their records? NO, but it is worth a try. If you are friendly with their pediatrician, I would tell his receptionist that you need to briefly speak to him. In my opinion I think you should tell him/her that "you know I am a loving parent. I bring my children in every X amount of months and blah blah..... Someone falsely reported me to CPS and now CPS is on a fishing expedition. I do not want my child's records to be given to them if they request such. Thank you for honoring my request."

Hmmm....I am pretty certain that when she tossed the HIPAA policy toward me she said she was HIPAA compliant...I did call my kids doc today and made it clear that I wanted a notation on every child's chart stating that under no circumstances do I authorize anyone access to my kids records but me or my husband. I'll be speaking with the records dept manager to reiterate tomorrow....fingers crossed!

Re: Social workers and HIPPAA compliance?!

Posted: Sat Nov 19, 2011 10:36 pm
by Daruma
Homeschoolmom7 wrote:Well..I can get them anyhow since I am HIPPAA compliant, but signing allows me to discuss the investigation with your pediatrician..."

I have no idea what she means by "HIPAA compliant". Maybe she meant, "HIPAA exempt?" She could probably get the courts to order the records released, if she really needs them, but that doesn't mean she can just peruse medical records on demand. Until she gets a court order, you certainly don't need to give her any ammunition she can use against you. I bet she was just throwing the HIPAA terminology around to confuse and intimidate you. Good for you for not falling for it.

Re: Social workers and HIPPAA compliance?!

Posted: Sat Dec 17, 2011 6:32 pm
by Ken-JPAC
It has to do with laziness...caseworkers can get court orders for the records easily..but they HATE doing the paperwork..AND unless you sign a release DR.'s are not supposed to discuss your history...that's DR patient priveledged..only in court can that be brought out...they can only subpeona the actual records not a conversation...but the court may also order/force you to sign medical releases "voluntarily" as it states on the forms....I'm not an attorney that's just been my personal observations in this state.

Re: Social workers and HIPPAA compliance?!

Posted: Sat Dec 17, 2011 6:34 pm
by Ken-JPAC
OMG! I almost missed it...homeschoolmom. If your case has ANYTHING to do with them being homeschooled there are several homeschool parents groups that may help with an attorney..etc.

Re: Social workers and HIPPAA compliance?!

Posted: Tue Jun 19, 2012 6:49 pm
by Homeschoolmom7
Ken-JPAC wrote:OMG! I almost missed it...homeschoolmom. If your case has ANYTHING to do with them being homeschooled there are several homeschool parents groups that may help with an attorney..etc.

I came back to look through old posts and post a new investigation...and saw your response too late! Would you mind pointing me in the right direction? Thanks!

Re: Social workers and HIPPAA compliance?!

Posted: Tue Jun 19, 2012 7:04 pm
by Eljay
This is one that has been mentioned here before, but you must be a member to get legal aid:

Home School Legal Defense Association is a nonprofit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. Through annual memberships, HSLDA is tens of thousands of families united in service together, providing a strong voice when and where needed.

http://www.hslda.org/