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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3750
Experience:  Experienced in state and federal criminal litigation.
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My Mom is now in an assistted living home. I guess my daugter

Customer Question

My Mom is now in an assistted living home. I guess my daugter who is POA and my sister signed her in but when I called there I was told my name was not added to the list of people who could be told my Mom's health issues.

I know there is the new HIPPA law but as long as my name is XXXXX XXXXX legal hospital papers as to who can be told about Mom should that cause a problem?
I am the oldest daughter and do not want anything except o know my Moms daily health when I call.
Can my daughter and sister keep me from being able to talk to the Dr.s and nurses about my Mom?
Do I have any rights as her daugter?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 1 year ago.

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

Just so I have this correct, your daughter has POA, so she can speak to the doctors, and your sister signed her in, so she can speak to doctors, as well.

TexCrimLawyer, J.D. :

Is she conscious and aware?

TexCrimLawyer, J.D. :

If so, she gets to decide who is on her HIPAA list. She may include or exclude whomever she wants.

TexCrimLawyer, J.D. :

If she is not, then it comes down to the professional judgment of the doctors. The HIPAA privacy rules allow for some discretion on the part of the doctors in the situation where the patient cannot make their own decisions, either because of some trauma or mental incapacity.

TexCrimLawyer, J.D. :

Below is a link to Health and Human Services information on this matter: http://www.hhs.gov/hipaafaq/notice/488.html

Customer : She is conscious but my sister moved her from here in Indiana to St.Louis 'MO and she is highly persuadable. She has a trach in her neck so I can barely understand her.
TexCrimLawyer, J.D. :

If she has the capacity to decide, there isn't much you can do about it.

Customer : Basically my sister and daughter are trying to make it hard on me. I told them my feelings were hurt when Mom was in Indy hospital and they ignored me.
Customer : I was told by a nurse supervisor that my sister or daughter would have to add my name because one of them has power of attorney
TexCrimLawyer, J.D. :

I understand your frustration, but you will have to convince your mother to tell her doctors that it is OK to discuss her condition with you. Absent that, there isn't much you can do.

TexCrimLawyer, J.D. :

They can, but your mother can, too.

Customer : Can the hospital tell me who has the POA and who put which names down to call about my Mom.
TexCrimLawyer, J.D. :

No.

Customer : So it appears I have no rights as her oldest daughter who lives 15 miles from her home but my sister who lives 3 1/2 hrs away not only moved her w/o talking to me about it but now can keep me from being able to talk,to Dr.s and nurses in St. Louis. Unfortunately I was in hospital right before Mom was moved and so I am not even sure how they transported her the 5 1/2 hour trip from Indy to St.Louis
TexCrimLawyer, J.D. :

This is one of the times where your rights and her rights are in conflict. You only have the right to her medical information to the extent she gives you that right. Since she is aware, she is given control over who has access to her medical information. I know it is frustrating for you, but the law gives the patient that right.

TexCrimLawyer, J.D. :

I wish I had better news, but the law is what it is.

Customer : My Mom was taken from her Extended Care Home at 5 AM this morning and I was not called. The nurse told me I would have to talk,to my sister. They gave me the ER room phone and I,was told a family member was with my Mom. It had to be my sister. She put my poor confused Mom on the phone and I tried to tell Mom to have my sister put my name.
Customer : On the people to be able to find out about her medical status. My sister just handed Mom the phone and left the room and Mom said something about an attorney. She had to have heard them say that because it is not like her to talk about attorneys or legal things.It just seems so unfair. I would never do this to my sister ifit.
Customer : Sorry.....,if it were the other way around.
TexCrimLawyer, J.D. :

It certainly sounds unfair, but the law doesn't always produce a fair outcome, unfortunately. As unfair as it is, if she is aware, she gets to make the decision.

Customer : So it is the HIPPA Law not the POA that is the main thing keeping me from getting my name on form? My Mom is lucid but she would sign whatever my sister tells her to. So do you think if I explained to her Dr it could help me?
TexCrimLawyer, J.D. :

Yes, your mother can add you. HIPAA is your bigger problem. She needs to tell her doctor that she can discuss her medical issues with you.

Customer : Okay. Thank you so much for your help. Unfortunately Mom has a trach in her throat so I can barely understand her. I guess I will have to be patient until I can make the 3 1/2 hour trip there.
TexCrimLawyer, J.D. :

Glad to help.

TexCrimLawyer, J.D. :

If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck.

TexCrimLawyer, J.D. :

Can I help you with anything else?

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