HIPAA Access – How to get the knowledge you need in an emergency

You unexpectedly get the news that your parent or elder loved one is in the hospital, and prior to leaving for the hospital, you naturally want to get as much information as you can. You call the hospital but your attempts to speak to the nurse are futile, and you discover that you can’t get any information at all. How is this possible? Aren’t you, as the son or daughter or next of kin, entitled to that information? Not according to the Health Insurance Portability and Accountability Act, better known as HIPAA.

HIPPA was enacted on April 14, 2003, and the results of its implementation have been simultaneously beneficial and frustrating. First, one of the primary provisions of this act protects patients’ medical information from being released to anyone. Likewise, protocols were created which effectively prevent anyone from gaining access to medical files, diagnoses and any other information pertaining to medical history. It also prevents doctors and nurses from disseminating or discussing private medical information without consequences.

Due to the strict enforcement of HIPAA regulations, personal medical information is now so well protected that even spouses, children and any other member of a patient’s immediate family cannot access another person’s records without permission. Dealing with HIPAA regulations can be a frustrating experience and may be viewed as the equivalent of protecting your home so well that you can’t even get in.

How to Hop the HIPAA Hurdle

There are no tricks, shortcuts or loopholes to circumvent HIPAA. The best way to ensure access to loved ones’ medical information is to obtain permission. While it may seem like a morbid chore to go through with your own parents, gaining access to their medical information in advance will save you time and frustration in the event of an actual medical crisis. Much like a living will eases the burden of having to make an emergency decision, HIPAA access gets you the information you need so you can effectively assess what needs to be done in an emergency situation and how to best go about it. It can also help you anticipate your own travel plans to visit your elder loved one.

And since healthcare professionals have taken the implementation and ramifications of HIPAA very seriously, there is no substitute for permission if you need access to another person’s medical records.

It is wise to begin discussions with your elderly loved ones as soon as possible to ensure that you will have access to their medical information. Once you have come to an agreement, you can then contact their doctor’s office to obtain the necessary written forms required to access their records. It is important to clarify with elderly loved ones the specifics in terms of what information they do and do not want to make available.

The most important thing to remember when dealing with HIPAA is to learn what you need to do to legally circumvent the obstacle created by this legislation and will allow you to handle a medical crisis for your parents or relatives should one occur. This way, the sanctity of their medical information remains protected but you have the access you need to get substantive information and relieve unnecessary worry and stress about their situation.