Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
I am sorry to hear of the difficulties you are having with your father's doctor. Signing a HIPAA form gave you the right to discuss your father's medical information with his doctor, there is no question about that right and the doctor should have discussed with you the reasons for canceling the MRI that had been scheduled with your father.
The penalty is very high for violating HIPAA and disclosing someone's medical information, therefore, in order to protect himself from disclosing information to the wrong person, a medical care provider can decline to give information over the telephone and has the right to require that the person requesting this information come to his office in person.
" Do I have any rights under the law, once my father has signed all the necessary HIPPA docs to have me included in his healthcare decisions.......... ?"
By signing a HIPAA form, the individual gives authority for his health care provider to disclose his medical information, it does not give authority to anyone to play a part in making decisions as to any treatment. A person who wants to be part of the decisions on treatment must have the Principal (your father) sign a Medical Power of Attorney authorizing you to be part of those decisions,
I wish I could give you the Answer you were hoping for, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me
Please be kind enough to rate my service to you as "Excellent Service",
Bonus and Positive Feedback are greatly appreciated,
Thank you for allowing me the opportunity to assist you,
Thanks, Andrea. Of course, the rude office help did not bother to explain it in those terms, and in fact offered no reason for this policy. Plus, it took them a month to let me know I would not get a phone call back. I have to go to a lawyer to get an explanation. I understand, now.
The doctor or his staff should have told you that their policy was that they did not give information over the telephone or they should have told you that your father needed to sign a Medical Power of Attorney in order to allow you to take part in medical decisions, how else would you be expected to know.
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).