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Old 05-20-2018, 06:15 AM   #1
244 BGB
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Default POA and HIPAA laws

If I have an active durable power of attorney for my father, am I still covered by HIPAA laws that limit my disclosures?

Is it a violation in any way if I disclose to a neighbor details of my fathers condition? Even if my father does not really want that I disclose such details?
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Old 05-20-2018, 07:49 AM   #2
goddessoflubboc
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Default Re: POA and HIPAA laws

There’s a lot of unnecessary confusion over what entities are covered by HIPAA. Here it is:

“The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA”

That’s it. So no, HIPAA has no affect on you. Not to say it’s not bad form to give out info that you’ve been asked not to.
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Old 05-20-2018, 06:24 PM   #3
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Default Re: POA and HIPAA laws

I wish to inform you that under the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), health care providers must limit the disclosure
of health information only to those who are intended to receive it. As you are not a health care provider, HIPAA may not generally cover any unauthorized disclosure of information by you as the Durable Power of Attorney to your neighbor about your father. You may contact an attorney and seek guidance in the matter.

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Old Yesterday, 12:51 PM   #4
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Default Re: POA and HIPAA laws

I assume HIPAA does cover assisted living facilities -- based on what I see here.
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Old Yesterday, 01:21 PM   #5
adjusterjack
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Default Re: POA and HIPAA laws

Quote:
Originally Posted by Unregistered View Post
I assume HIPAA does cover assisted living facilities -- based on what I see here.
Agree.
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