Social workers and HIPPAA compliance?!

A place to discuss the many medical issues that may come up during the course of a CPS case.

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Homeschoolmom7
Posts: 57
Joined: Sat Nov 12, 2011 11:00 am

Social workers and HIPPAA compliance?!

Postby Homeschoolmom7 » Mon Nov 14, 2011 8:25 pm

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?

Beatthescammers
Posts: 259
Joined: Wed May 18, 2011 7:04 pm

Re: Social workers and HIPPAA compliance?!

Postby Beatthescammers » Mon Nov 14, 2011 9:08 pm

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."

Beatthescammers
Posts: 259
Joined: Wed May 18, 2011 7:04 pm

Re: Social workers and HIPPAA compliance?!

Postby Beatthescammers » Mon Nov 14, 2011 9:09 pm

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.

Homeschoolmom7
Posts: 57
Joined: Sat Nov 12, 2011 11:00 am

Re: Social workers and HIPPAA compliance?!

Postby Homeschoolmom7 » Tue Nov 15, 2011 10:06 pm

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!

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: Social workers and HIPPAA compliance?!

Postby Daruma » Sat Nov 19, 2011 10:36 pm

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.
These are my personal opinions only. They are not legal, medical, or financial advice.

Ken-JPAC
Posts: 24
Joined: Fri Dec 09, 2011 9:03 am

Re: Social workers and HIPPAA compliance?!

Postby Ken-JPAC » Sat Dec 17, 2011 6:32 pm

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.

Ken-JPAC
Posts: 24
Joined: Fri Dec 09, 2011 9:03 am

Re: Social workers and HIPPAA compliance?!

Postby Ken-JPAC » Sat Dec 17, 2011 6:34 pm

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.

Homeschoolmom7
Posts: 57
Joined: Sat Nov 12, 2011 11:00 am

Re: Social workers and HIPPAA compliance?!

Postby Homeschoolmom7 » Tue Jun 19, 2012 6:49 pm

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!

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Social workers and HIPPAA compliance?!

Postby Eljay » Tue Jun 19, 2012 7:04 pm

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/
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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