Login|Contact Us
JustAnswer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Tweet

A doctors office would not allow me to make an appointment

 
Mary M.,  Esquire's Avatar
  • Answered by:Mary M., Esquire
  • Lawyer
  • Positive Feedback: 99.5 %
  • Accepted Answers: 4540
Verified Expert

Recent Feedback

Positive
I'd like to give a better tip but since i'm near bankrupt, I just can't afford....
Positive
appreciate her information, helpful insights into the situation....
Positive
Great...
Positive
This is pretty close to the research I have done....
Positive
I appreciate the help but there is a definitive answer out there and I need to...
Positive
I am speechless!!! Your worth to the world is way more than I could possibly...
Positive
she is very knowledgable...
Positive
not the right answer but will work with again very nice...

Customer Question

A doctor's office would not allow me to make an appointment for my husband, although I have been doing so for years at that same practice and they know both myself and my husband well. They said they would need a letter from him authorising me to do so. Is this really a HIPAA matter?

 

Optional Information:
State/Country of Question: California

Already Tried:
I have spoken with the office several times today to try to understand why they have suddenly placed this new requirement. I have not gotten a reasonable response. This is a new receptionist and I can only think she is being unreasonable.

Submitted: 1025 days ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

Picture
Expert:  Mary M., Esquire replied 1025 days ago.

Yes Julie,this is a HIPAA matter, although the doctor's office seems to be going a bit overboard with compliance.

Technically, ANYTHING to do with someone else's medical records is subject to HIPAA, including when & how often that person goes to the doctor. If you call up and ask when his next appointment is (even if you are just innocently trying to figure out his calendar) they can & SHOULD refuse to provide you with that information. Here, your request is a little different, and you have probably been doing this for years, but there have been a rash of recent lawsuits over HIPAA violations in recent years, and doctors offices are now consulting with attorneys on the ins and outs of complying with HIPPA, and making appointments and divulging appointment dates and times falls in this category.

Look at it this way: what if you are going through a divorce and a private investigator or someone you do not want knowing that you are seeing this doctor calls the doctors office to set up an appointment. If the office went ahead and arranged an appointment, then the PI or third person would then KNOW for certain that you were seeing that doctor. This scenario has happened in cases where husband is being unfaihful and starts seeing a different doctor for treatement and the PI calls to make an "appointment" for him, thus confirming that the husband was, in fact, seeing that doctor.

Its a crazy world we live in where our entire lives can be displayed and exchanged on the internet, yet a long-term wife cannot make a doctor appointment for her husband, but that's the way it works.

If it isn't too much trouble, you may just want to provide them with a letter authorizing you to schedule and cancel appointments on his behalf. Nothing fancy, just date it, make a one line statement such as "John Doe hereby authorizes the offices of Dr. ______ to permit my wife, Julie Doe, to schedule and cancel appointments with this office. This authorization will remain in effect indefinitely until I revoke it in writing."    

IF I HAVE ANSWERED YOUR QUESTION, PLEASE PRESS ACCEPT. A JUST ANSWER BONUS & FEEDBACK ARE GREATLY APPRECIATED !

Expert TypeLawyer
Pos. Feedback: 99.5 %
Accepts: 4540
Answered: 8/1/2009

Experience: 13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law

Ask this Expert a Question >
 

8 Lawyers are Online Right Now

Ask Your Question Now
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
8 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2012 JustAnswer LLC