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<blockquote data-quote="katya02" data-source="post: 197633" data-attributes="member: 2884"><p>I wish HIPAA were just guidelines, but unfortunately it's a law originally passed in 1996. Congress passed the Privacy Rule in 2001, with a compliance date of April 2003. Every hospital and doctor's office in the nation had to retrofit their physical premises if necessary, and change policies, to comply. For example, now there's always a window in front of the receptionist that's kept closed so people in the waiting room can't hear her speaking on the phone; there may be multiple windows so that patients aren't waiting in lines and overhearing information; all files must be physically locked away from the public, so locking doors might have to be installed where there were open doorways before, etc. The hospital here takes it VERY seriously, since they can be fined $100,000 and up for violations, plus be charged under corporate criminal law, with side charges like conspiracy etc., so they would fire both these counselors in a heartbeat if difficult child complained. He wouldn't likely know enough to do it on his own but he'd do it in a flash if anyone (his type of friends, for instance) told him, "They can't tell your counseling stuff! You should complain! You could sue the hospital for that!"If he thought there might be $$ in it he'd do it. He wants to sue his college for humiliating him when he was arrested for drug possession in May! </p><p></p><p>So I don't want these two women to lose their jobs and be charged and fined, and they'd definitely be at risk of that. Individually, they would face both criminal and civil liability, with up to $50,000 in fines and/or up to a year in prison, for an employee of a covered entity i.e. the hospital, conveying private information about a patient to someone else. I understand why the counselors are sweating. I think they were just so shocked at what I told them compared to what difficult child told them, that they didn't stop and think. Also not all hospital employees have it impressed on them just how bad for them a HIPAA violation would be; I don't want them to find out on difficult child's account.</p><p></p><p>I did keep it together last night and only told husband about the screaming session in the car with difficult child. So he knows difficult child took the contract to his counseling session but he doesn't know that difficult child represented it as in force, or that difficult child has represented husband and me as angry, screaming people who pick fights and cause all the upset in the house, that he said we make him pay for his counseling appointments, that we've abused him for years, etc.</p><p></p><p>Maybe we can get that family appointment set up somehow, so all this can come out. At that point I think husband would tell difficult child just to walk to wherever he wants from the hospital, because he's not coming home. We could tell difficult child to let us know where to drop off his stuff (or not). I'm planning to go out all day today so I don't have to have difficult child constantly coming up to me asking for hugs, asking why I seem distant, etc.</p><p></p><p>I've had this happen before. I have a sister who's Borderline (BPD) in everything but diagnosis (she swears she's bipolar II, even though she doesn't fit criteria for that), who has told many people that she wasn't allowed to go to university because our parents spent the education fund on horses for me (she dropped out of high school against our parents' advice, went to a community college; also my mother spent the ed. fund from my grandmother on herself, and there was no money for ME to go to university); that she always wanted to ride horses but was never allowed, only I was allowed (this when she was dating a Mounted Police officer); yada yada yada to the tune that I'm responsible for her being dissatisfied with her present situation in life. She's told hospital staff during her admissions that I've made up the report that she planned to kill her kids and commit suicide at the same time, even though SHE told that directly to the EMS people that her husband called; that I've harmed her many times and she wants a protection order against me and an order that I can't visit the hospital; etc. So this isn't new to me but it doesn't get easier when it happens!</p></blockquote><p></p>
[QUOTE="katya02, post: 197633, member: 2884"] I wish HIPAA were just guidelines, but unfortunately it's a law originally passed in 1996. Congress passed the Privacy Rule in 2001, with a compliance date of April 2003. Every hospital and doctor's office in the nation had to retrofit their physical premises if necessary, and change policies, to comply. For example, now there's always a window in front of the receptionist that's kept closed so people in the waiting room can't hear her speaking on the phone; there may be multiple windows so that patients aren't waiting in lines and overhearing information; all files must be physically locked away from the public, so locking doors might have to be installed where there were open doorways before, etc. The hospital here takes it VERY seriously, since they can be fined $100,000 and up for violations, plus be charged under corporate criminal law, with side charges like conspiracy etc., so they would fire both these counselors in a heartbeat if difficult child complained. He wouldn't likely know enough to do it on his own but he'd do it in a flash if anyone (his type of friends, for instance) told him, "They can't tell your counseling stuff! You should complain! You could sue the hospital for that!"If he thought there might be $$ in it he'd do it. He wants to sue his college for humiliating him when he was arrested for drug possession in May! So I don't want these two women to lose their jobs and be charged and fined, and they'd definitely be at risk of that. Individually, they would face both criminal and civil liability, with up to $50,000 in fines and/or up to a year in prison, for an employee of a covered entity i.e. the hospital, conveying private information about a patient to someone else. I understand why the counselors are sweating. I think they were just so shocked at what I told them compared to what difficult child told them, that they didn't stop and think. Also not all hospital employees have it impressed on them just how bad for them a HIPAA violation would be; I don't want them to find out on difficult child's account. I did keep it together last night and only told husband about the screaming session in the car with difficult child. So he knows difficult child took the contract to his counseling session but he doesn't know that difficult child represented it as in force, or that difficult child has represented husband and me as angry, screaming people who pick fights and cause all the upset in the house, that he said we make him pay for his counseling appointments, that we've abused him for years, etc. Maybe we can get that family appointment set up somehow, so all this can come out. At that point I think husband would tell difficult child just to walk to wherever he wants from the hospital, because he's not coming home. We could tell difficult child to let us know where to drop off his stuff (or not). I'm planning to go out all day today so I don't have to have difficult child constantly coming up to me asking for hugs, asking why I seem distant, etc. I've had this happen before. I have a sister who's Borderline (BPD) in everything but diagnosis (she swears she's bipolar II, even though she doesn't fit criteria for that), who has told many people that she wasn't allowed to go to university because our parents spent the education fund on horses for me (she dropped out of high school against our parents' advice, went to a community college; also my mother spent the ed. fund from my grandmother on herself, and there was no money for ME to go to university); that she always wanted to ride horses but was never allowed, only I was allowed (this when she was dating a Mounted Police officer); yada yada yada to the tune that I'm responsible for her being dissatisfied with her present situation in life. She's told hospital staff during her admissions that I've made up the report that she planned to kill her kids and commit suicide at the same time, even though SHE told that directly to the EMS people that her husband called; that I've harmed her many times and she wants a protection order against me and an order that I can't visit the hospital; etc. So this isn't new to me but it doesn't get easier when it happens! [/QUOTE]
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