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Thursday, July 10, 2003
posted by gbarto at 1:43 AM:
Condensed from the e-mail bag:This was written by a Texas attorney for an Amarillo paper. I assume the stories are true and not just hypotheticals.And the bad news that applies to anything government and burdensome:
Cut and pasted by Josh Ard
HIPAA: A Loss of Liberty
Just after celebrating Independence Day and our liberties, the Amarillo Globe-News published three articles about the impact of the HIPAA laws and regulations. As an estate planning and elder law attorney, I believe HIPAA threatens independence and liberty for many Americans...
What Is Happening
The following are examples of health-care crises in which people are encountering serious problems from HIPAA.
* After a man rushes his wife to the emergency room and helps her get situated in her room, he goes home to shower, change clothes, and eat. Upon returning, he can’t remember the room number. The “Information Desk” refuses to provide any information about his wife, not even the room number...
* An elderly man is hospitalized with pneumonia in serious condition and he is not expected to return home. The doctor and hospital refuse to provide any information about his condition to his only child who lives with him and cares for him. They say she does not have proper authorization and her father cannot sign one now...
My clients, other elder law attorneys, and other news media across the nation are reporting many similar disturbing experiences resulting from HIPAA.
Some health-care entities apply HIPAA stringently, concerned about fines and prison sentences for violations. They would rather be safe than sorry. Who can blame them? But for family members just trying to help, the results are often frustration, a sense of powerlessness and anger.
What You Can Do
The key to protection from HIPAA is to be designated in writing by the patient as a “Personal Representative” (PR). A PR is treated as if he is the patient so health-care entities must disclose medical information...
For a minor child, the parent is generally the PR. However, she may have to prove she really is a parent of the child. For an adult, no one, not even a parent, spouse or child, has any right to medical information unless the patient designates the person as the PR...
Act now to preserve your liberty and independence. Contact your Congressman and Senators. Ask them to repeal HIPAA immediately. Tell them this unnecessary, overprotective law is causing great hardship at tremendous extra expense to the health care community and economy...
Act now! Raise the cry against HIPAA! And plan as if nothing will change.The blurb for the commentator reads:
Mark R. Ensign is an Amarillo attorney providing estate planning and elder law services.I am not sure the extent to which the more extreme problems described are taking place, but there is no question that the government often protects us right out of our security and this might be such a place. Reader comment on experiences both positive and negative welcomed.
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