Hipaa Questions
hipaa questions
HIPAA question regarding a person who is incarcerated and in the hospital?
My brother who got into a fight two days ago is currently in the hopital. He is in custody because of the fight that he got into. The hospital has him under an alias. The hospital accidently told us he was there but then told us that they could not give us any information. We were told that he is in the ICU and heavily sedated, but we dont know what his circumstances are. We have been calling the hospital for the last two days and they keep saying that he is not there. We call the police department and they tell us that he is still in the hospital but they cant give us anymore information then that because of HIPAA? Dont they have to relinquish that information to his next of kin?
Is there anything we can do to get information?
Unless he signed a document that allowed you to be notified of his hospitalization and apprised of his medical condition, the hospital cannot legally release any detailed information unless the patient dies. All they can tell you is whether or not the patient is in their facility and a general term for his condition (ie, serious, stable, treated and released). And the police certainly cannot other than to verify whether or not he is under arrest and where he is in custody. Only 7 states have a next of kin statutes on their books that allows an immediate relative to be notified within 24 hours if a person is admitted to the hospital either unconscious or under no condition to give informed consent. The remainder do not.
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