Re: HIPAA and Authorization

[Guest guest]

Are you his Guardian? If so, I don't think they have grounds. If not, they probably do. I would contact the Advocacy Center. I don't have their number, but I am sure someone out there can give it to you. Otherwise, call information in Orlando or Tallahassee. They have offices in both cities.

Ven Sequenzia

[Guest guest]

You might want to contact an attorney that handles guardianship. I have a 32 year old son, and when my son turned 18, I was told that I would have to become his guardian to make medical decisions. Sometimes doctors and hospitals will discuss information with you if you say you are his parent, but things are really changing. There are many guardian attorneys out there. The one I used was Fran Barrett, who has a child with autism. Her office is in Lauderhill.

Eileen

[Guest guest]

I know you are his mother, but have you taken the steps to become his legal guardian? It is important to do so, not only for this situation, but in the future you will run into similar problems if you don't. I am not an attorney. I am only telling you what I have learned from other families and it is much easier to resolve problems (especially medical ones) if you have guardianship. There are a couple of different types, so you need to see what fits your situation best. There is a good special needs attorney that we used to do our special needs trust and I am sure he can do guardianships as well. His name is Horwich and his number is .

Regards,

Ven

[Guest guest]

Thanks for responding. I am his MOTHER.

Re: HIPAA and Authorization

Are you his Guardian? If so, I don't think they have grounds. If not, they probably do. I would contact the Advocacy Center. I don't have their number, but I am sure someone out there can give it to you. Otherwise, call information in Orlando or Tallahassee. They have offices in both cities. Ven Sequenzia

[Guest guest]

Sadly, unless you have filed for guardianship your son is his own guardian and many facilities will insist that he sign........the good news is that even if he makes an X on the paper that is his official signature. The long term answer is yes, getting guardianship is the true solutiion. We have had instances of students age 18 who refuse medication....have refused program.....and even one student who refused to sign his IEP.

[Guest guest]

Carol-

We haven't had any problems, but were told that once Alana turned 18,

she would legally be an adult. It even meant that we could be denied

participation in her school IEP's without her permission. Our prime

concern was medical . As a result, we worked with a lawyer and became

Alana's legal guardians as "Guardian Advocates." This partial type of

guardianship allows the individuals to retain some of their rights, but

gives us authority over the areas we specified, like medical,

educational, financial, etc. The lawyer we used familiar with this type

of guardianship - as opposed to complete guardianship where the

individual gives up all rights - is Jeff Wachs, Fort Lauderdale,

. This won't help you now, but look into it for the future.

Meryl

Carol Huggins wrote:

Hi All:

Has anyone been affected with the

HIPAA patient privacy.....? I have reason to dispute a claim denial

with the Guardian for dental work performed in a hospital setting in

March of this year for my 18 year old autistic son. However, because

he is 18, they need his authorization to discuss this claim.

They would not accept that I am his mother and that he is unable to

authorize me to act on his behalf.

What am I to do? Am I to look

forward now to this?

I'd appreciate if any one can help.

Carol Huggins

[Guest guest]

Carol,

Just for your information, Guardianship is a legal term that applies to

individuals over the legal age of consent (e.g. 18 years old). Before

that age, being his Mother sufficies as being his legal guardian. After

the age of 18, he is his own legal guardian, unless you go through the

process of making yourself his legal guardian. As Ven Sequenzia noted,

the Advocacy Center should be able to provide you with info on how to do

this. Their number is: . Another resource would be Family

Network on Disabilities (FND). The number in Miami-Dade is: .

Sincerely,

Durocher, UM CARD

Carol Huggins wrote:

> Thanks for responding. I am his MOTHER.

>

> Re: HIPAA and Authorization

>

> Are you his Guardian? If so, I don't think they have grounds. If

> not, they probably do. I would contact the Advocacy Center. I don't

> have their number, but I am sure someone out there can give it to

> you. Otherwise, call information in Orlando or Tallahassee. They

> have offices in both cities.

>

> Ven Sequenzia

>

>

[Guest guest]

Thank you and all who responded to my appeal. This is true education, and I sincerely thank you for educating me on this.

Carol

Re: HIPAA and Authorization

I know you are his mother, but have you taken the steps to become his legal guardian? It is important to do so, not only for this situation, but in the future you will run into similar problems if you don't. I am not an attorney. I am only telling you what I have learned from other families and it is much easier to resolve problems (especially medical ones) if you have guardianship. There are a couple of different types, so you need to see what fits your situation best. There is a good special needs attorney that we used to do our special needs trust and I am sure he can do guardianships as well. His name is Horwich and his number is . Regards, Ven