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HIPPA

If you are working on a couple. Is it a HIPPA violation to ask the wife to remind the husband on his next session to try wear something else besides boxers briefs? He needed to have his ITB stripped out, and I could not do a full sweep because of the underwear. I lost my job today because of this.

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Permalink Reply by David on March 17, 2011 at 11:04pm

I did tell the wife even if he wore underwear that was similar to hers that would be great. The thing that I do not understand is. When I worked in a nursing home, we were aloud to tell family members about their family in the home ( direct family ) even without a POA. It just seems really weird. Each one would always tell me about how the other one would say how good I was.

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Permalink Reply by Laura Allen on May 25, 2011 at 11:16am

Yes, it is not only a HIPAA violation but an ethics violation as well, unless he had signed a release form specifically naming her as someone you could discuss his treatment with--in which case they wouldn't have had any grounds to fire you, so apparently he hadn't done that.

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Permalink Reply by David on May 25, 2011 at 11:28am

well from asking several of my peers in my area and across other states. I did not do anything wrong, and that would have done the same thing if they had been in my shoes. Maybe when I first posted this, I should have explained the situation better. sorry

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Permalink Reply by Laura Allen on May 25, 2011 at 5:44pm

David, I've been teaching professional ethics for more than eleven years and insurance billing--including the HIPAA part of that, for about six. Regardless of the situation, IF he signed a release form allowing you to speak to her about him, then you did not do anything wrong. If he did NOT sign one, then you did. It's really that simple. Confidentiality and HIPAA extend even to spouses and any other family members. The signed release is the key ingredient.