My thoughts and prayers to you OP. I would strongly consider a living will once he is out so are aren't in the same predicament again.
I work in a hospital, the laws suck, but unfortunately a few mouths ruined it for everyone. We dont like the rules any more than you do, but they are the law and we have to comply.
Good luck to you and your family OP. I deal with HIPAA daily and it's indeed a pain for all involved. Your sister-in-law has to get a grip on the situation. My wife is very strong willed and at times a PITA but it's these same qualities that help her make good decisions is stressful situations.
How is it a pain? What do you suggest as an alternative?
MotionMan
For example I have a client who went to the ER and surgery. I need the medical bills and records. Now I have send HIPAA releases to:
the ER for records
the ER biller
the treating ER physician for records (if any)
the physician's biller
the radiologist (if any separate report)
the radiologist's biller
the surgeon for surgical notes
the surgery center for bills
I also have to know what facilities have their own specific releases and which ones will accept my generic release. I also have to know if the release can be faxed, emailed, or have to be sent via ordinary mail.
As an alternative it would be nice to have a clearing house where I can send one release and they have all records and bills available for central distribution since most of the time it's third parties like HealthPort or MRO handling a lot of requests.
HIPAA just protects patient treatment/medical history records and only authorizes certain people to have access to it. It has nothing to do with who can make decisions about treatment for a patient. That is a POA issue. In this case, the doctors have to follow what the POA tells them (usually) otherwise they can get sued into oblivion. I deal with both on a routine basis and they're both a pain in the ass. Glad to see that he's getting moved to a more appropriate facility, hopefully things turn around. And you might want to get the POA/living will/medical directives changed/amended so that she isn't the only one that has to make the decisions. Might help her out with tough situations.
Yes very frustrating, and with heavy fines that can be levied, many caregivers are overly cautious. Trying to make a law that covers all possible circumstances just isnt possible.I think it can get frustrating for people like OP because they cannot be told information about the patient by the Dr. unless allowed by the spouse.
MotionMan
HIPAA just protects patient treatment/medical history records and only authorizes certain people to have access to it. It has nothing to do with who can make decisions about treatment for a patient. That is a POA issue. In this case, the doctors have to follow what the POA tells them (usually) otherwise they can get sued into oblivion. I deal with both on a routine basis and they're both a pain in the ass. Glad to see that he's getting moved to a more appropriate facility, hopefully things turn around. And you might want to get the POA/living will/medical directives changed/amended so that she isn't the only one that has to make the decisions. Might help her out with tough situations.
Is it true 2 doctors can override a family member's decision regarding patient care?
That is a slippery slope. In the end ANY doctor can make an override, fuck even a nurse or any staff member.
I have a ton of medical practitioners in my family and 'overrides' are sort of why I am not an open organ donor.
That's wrong, and illegal, you need to stop posting.
Right, I know it's both wrong and illegal. Saying this doesn't happen is laughable by some.
I think it can get frustrating for people like OP because they cannot be told information about the patient by the Dr. unless allowed by the spouse.
MotionMan
All family members can be told any information regarding their relatives. HIPAA just restricts who outside of the family can have access to the patient info. With that said, I make sure the person I'm talking to is actually family by either asking my patient or hospital staff. Last thing I want to do is get myself hit with HIPAA violation lawsuit.
I am not so sure that an uncle has the right to hear private medical information.
Many doctors I have dealt with won't talk to anyone unless the spouse authorizes it.
MotionMan
That's odd, if you're family (and obviously can prove it) I'll tell you anything you want to know. Oh well, guess it depends on the person.
http://www.ama-assn.org/ama/pub/phy...ationship-topics/patient-confidentiality.page
Unless the patient consents or the family member is authorized (like a spouse usually is), no one else should be told any information about a patient.
IMO, it is a lot like the attorney-client confidentiality.
MotionMan
Update:
He is much better. For now he eating, drinking and sleeping. He is cognitive and alert. 72 hours ago it was dicey. 96 hours there was beyond dicey.
The wife understands the concerns and she is in agreement now. What it took was a screwup by the doctors. It wasn't a major screwup but we caught it. Our family doctors are now talking everyday with the doctors treating him to get the updates. And more importantly the doctors are talking to each other. There was miss communication between the doctors.
He will be in ICU for another 2 weeks at least.