Hospital/Pediatrics office NEVER implemented HIPAA

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Justice74
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Hospital/Pediatrics office NEVER implemented HIPAA

Postby Justice74 » Thu Jan 29, 2015 2:49 pm

In our involvement with DCF of MA we discovered that our pediatricians office has NEVER implemented any State or HIPAA privacy laws when it comes disclosing kids PHI to DCF.

There is an unconstitutional State Law that gives "reasonable" permision to a DCF investigator. For a continued involvement they need Parental Consent.

The office manager who is also a registered nurse told in my face "DCF Never needs permision!". Our pediatrician told us, we just give them whatever they want.

I filed HIPAA violations with Feds but they refused to investigate. However we were dropped from DCF involvement like a Hot potato!

The office for HIPAA violations is in Boston, no wonder....

Can we make this nurse loose her license? Can we file something to expose how Feds covered up for DCF?

The Hospitals Privacy Officer has been covering up for the Pediatricians Office. Another important note, they have been disclosing all this information over the phone without ever verifying who the caller was....

Any thoughts?

I know how corrupt DCF in MA is so I'm disturbed that doctors office participated in this type of abuse. The info provided over the phone become a falsified report for medical neglect...no anual visits and vaccinations...all false...

Can I make Hospital loose their license?

I know a case like this must be really rare, I'm disgusted myself....any suggestions appreciated. Thank you.

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LindaJM
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Re: Hospital/Pediatrics office NEVER implemented HIPAA

Postby LindaJM » Thu Jan 29, 2015 5:38 pm

This is one reason I objected to HIPAA when it was still legislation. It prevents your family members from getting information from your doctor, but social service agencies have full access. That's written into the law.

This was never a real privacy law.

It is a way to destroy the privacy of private citizens. I knew it would work against parents, but there was no stopping it... and nobody else seemed to see the danger coming.

You could try talking your legislators into changing the law... but honestly, I don't think it will work. The trend in our civilization is to subjugate the citizens to state tyranny.

Whenever you see a new law purporting to do something good for us, take a close look and you'll see it probably isn't what it sounds like.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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family_man
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Re: Hospital/Pediatrics office NEVER implemented HIPAA

Postby family_man » Fri Jan 30, 2015 3:34 pm

Other Public Health Activities. The Privacy Rule recognizes the important role that persons or entities other than public health authorities play in certain essential public health activities. Accordingly, the Rule permits covered entities to disclose protected health information, without authorization, to such persons or entities for the public health activities discussed below.

Child abuse or neglect. Covered entities may disclose protected health information to report known or suspected child abuse or neglect, if the report is made to a public health authority or other appropriate government authority that is authorized by law to receive such reports. For instance, the social services department of a local government might have legal authority to receive reports of child abuse or neglect, in which case, the Privacy Rule would permit a covered entity to report such cases to that authority without obtaining individual authorization. Likewise, a covered entity could report such cases to the police department when the police department is authorized by law to receive such reports. See 45 CFR 164.512(b)(1)(ii). See also 45 CFR 512(c) for information regarding disclosures about adult victims of abuse, neglect, or domestic violence.


http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/publichealth/index.html

Indeed, disclosures of possible neglect or abuse to CPS workers is not protected by HIPAA. This does not imply, however, that CPS can ask for and receive "whatever they want" from covered entities.
Disclaimer: I am not an attorney, and this is not legal advice.

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LindaJM
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Re: Hospital/Pediatrics office NEVER implemented HIPAA

Postby LindaJM » Fri Jan 30, 2015 4:31 pm

Thanks for the clarification, Family Man!
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

Justice74
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Joined: Tue Dec 02, 2014 11:12 am

Re: Hospital/Pediatrics office NEVER implemented HIPAA

Postby Justice74 » Mon Feb 02, 2015 5:28 pm

I have to add that 51A was filed by school NOT hospital/pediatrics office. The child was attending public school. The school requires all your vacinations and well child visits to be up to date otherwise you can't attend the school. It's the State Law.

The DCF had no case so they had to fabricate neglect to continue involvement. I'm aware that pediatrics office is required to give information during INVESTIGATION but they also must notify the parent/guardian about the disclosure, unless they think that the life is in danger per HIPAA. Which was not the case. Parental consent must be obtained for any ungoing "services" by State and Federal Law.

The best advice I got from an attorney was to NEVER give them access to child's medical records. He said its one of the most private things a person has.

So now that I clarified that what action I can initiate against the Pediatrics Office who's been giving out childrens information after the completed investigations for all these years. They must have abused thousands of families over 10+ years. Don't those families have the right to know?

And the DCF office itself responsible for all the abuse. Don't those employees need to be terminated. Bringing a stack of dateless papers to sign after I brought the issue up at the Fair Hearing seems like a very sloppy attempt at cover up.

I need to remind people that any substantiated neglect/abuse will forever make you unavailable for jobs with kids. Shouldn't a person responsible forever ruining your carrier opportunities lose their carrier?

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family_man
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Re: Hospital/Pediatrics office NEVER implemented HIPAA

Postby family_man » Tue Feb 03, 2015 10:54 am

Parental consent must be obtained for any ongoing "services" by State and Federal Law UNLESS a judge assigns CPS to be the child's "medical approver," in which case they can drug your child up all they want without your consent.
Disclaimer: I am not an attorney, and this is not legal advice.


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