Hipaa Mental Illness
hipaa mental illness
My Brother was held on a 51-50 hold for 72 hours. how do i obtain his medical records?
This is not the first time that he has been taken in before and has a long history of mental illness. He was placed with another patient and got into an altercation with him and is now facing battery charges. He has been held at this mental health facility before but when we called today they said they have no record of him being there, is that a violation of HIPAA(The Health Insurance Portability and Accountability Act)? and if so how can we use his previous medical history to get him the help he needs both mental and criminal?
If he is over 18, the hospital will not release his records to anybody but him without a court order or a power of attorney. It is a violation of HIPAA for them to do so. If he has any moments of lucidity, like if he is medicated, you can get him to sign a durable power of attorney. Once you have that, the hospital will release his records. If he is not rational, or refuses to sign a POA, you’ll need to file for a conservatorship. This will allow you to make medical and financial decisions for him as long as he remains incompetent. Get a family lawyer. I’m not certain, but I’m guessing that if a court finds sufficient evidence that your brother is not competent, it would subpoena his medical records.
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