How do you use HIPAA exceptions to gain access to your mom's medical records if you are not the one with medical POA?

LindaHemerOT, this message is actually for you...I just read your post and am sitting here absolutely dumbfounded! The bank said your Mother didn't know what was going on, yet they had to basically go ahead and give away the ranch??? Can't the bank be held accountable for knowingly complying when your Mom in fact didn't know what was going on? That in itself seems completely criminal to me. At the very least, some laws apparently need to be changed! Have you been able to determine whether or not these people have been using your Mom's Visa account for their own benefit? God, this makes me so upset for you!

If your cousin is at the doctor's office with your aunt and gives her permission for her daughter to have her health information, the doctor will decide if she's aware enough of what she's agreeing to. As you point out, dementia is a progressive condition. Being diagnosed with it doesn't mean that a person is immediately deemed incompetent.

From my understanding and personal experience, if your aunt has not been pronouned incompetent by a COURT, based on the doctor's report of dementia, she is still able to sign anything she chooses. Case in point, my mother has been diagnosed with dementia by three doctors and told she should not live alone. But, she found a scam artist at the Assisted Living where she was staying after a broken hip, who took her home, had an attorney come there to revoke my POA, sign a new one naming her, then took her to the bank to sign things to open a new Visa and new accounts with them as joint holders. The bank said my mother didn't even know what was going on, but they of course had to honor the legal papers. The only way I could change things would be to file for guardianship and ask the court to determine incompetency and appoint a guardian. Several attorneys sadly advised me that was true. So, your cousin's HIPPA form would be legal unless a court has pronounced her mother incompetent. A POA is not a guardian, just an agent for the principal (your aunt), in whatever dealings your aunt specifies. Mind you, I am not an atty and the law in every state can vary. If the current POA does not cooperate with your cousin's wishes, then accompaniment to a doctor's visit is still the best and easiest choice

All good information! Actually, my question is on behalf of my cousin. My aunt has been diagnosed with dementia. Could my aunt, in a lucid, aware state sign a hipaa or direct POA to sign allowing my cousin to view medical records? I know with dementia people have good days and bad days but does the overall diagnosis totally prevent my aunt from being considered competent no matter what?

Also, "IsntEasy" has the best and fastest way to get this done! You have every right to attend a doctor visit unless your MOM doesn't want you there and verbalizes that in their presence. While you are there with her, she can give verbal permission for you to discuss her case, and the office staff will put that on a her HIPPA form and have her sign the addition it at that time. Best way to assure that you are kept informed. Also, you can see if your mother will appoint you as her Healthcare Representative, which is a separate from POA, unless she has one already. That kicks in for any medical situation where she is unable to speak for herself. She should also have a Living Will. An attorney can best help you with that!

Okay, as a healthcare provider, I'll tell you that lesliex is correct - every clinic I've worked for does it that way, not to mention it's a federal law so doesn't vary! Someone else being her POA would not prevent this, HOWEVER, if your mother is unwilling or unable to sign the HIPPA form allowing you to review her medical records, you will be reliant on the POA to sign it on her behalf, since you cannot legally do that. In this is a case where your mom is too incompetent to understand your request, and the POA refuses to cooperate, it might be time to look into asking the court to appoint a Guardian. The job of a POA is to carry out the wishes of the principal (your mom), so if your mom agrees to the HIPPA release form but for whatever reason can't sign it, she can direct the POA to sign it on her behalf, and that person MUST comply.

Every patient has a HIPPA form on file with every doctor. You will need to either go and pick one up or have a blank one faxed or mailed to you. There is a place where the patient, your Mom, lists all people that may get her medical information. You fill it out and have your Mom sign it, then return it to the Doctor's office. Each office has different forms, so you will need to contact each one. When you call for information, they will give it to you if you are listed on that HIPPA form. POA is not necessary.

Sounds like the primary issue is a conflict with the PoA. The worse that conflict gets, the worse your life will be -- with your mom in the middle. "Going legal" may get you the records but worsen that conflict. Can you get some mediation/conflict resolution/family support going to develop a better collaboration with the PoA ? This is often available through your state agency on elder care.

Do you go with your mom to doctor visits? Unless she's been declared incompetent, the doctor will discuss her medical issues with you as long as mom gives him/her the OK to do so. If you want the actual medical records sent or given to you for some reason, then that's a different story.

The problem is the POA does not want anyone else to have information but we believe the POA is not really on top of things. Just thought there might be some way to get around him - Probably have to go legal. Thanks for the answers

Patty, sometimes I think it just has to do with the office you're dealing with...I was able to get my Mom's medical records without a POA...I don't live with her, but I was there a great deal of the time taking care of her and going to doctor's visits, etc...I told Medical Records I was one of her 2 primary caregivers, which is true, and they gave the records to me.

Patty....either the person designated as the POA has to give their permission or your mother and since a POA is in place, I would assume there may be some mental issues that would prevent your mother from being competent enough to give permission. If she is, then all she has to do is tell the doctor, etc that you are to be informed.

You would probably have to contact an attorney if you aren't the POA.