Re: Is there an attorney in the house?

[Guest guest]

Gene can also through some info in here, but I can start, Ron.

First, if there is a threat to someone or the public's health or safety,

necessary information released regarding a patient to report this is exempt

from the privacy regulations. If I am reading your story correctly, this

woman obviously has shared with you details of possible abuse. Per the laws

governing us over reporting domestic and other abuse, you have a

responsibility to go to the proper authorities. If you hadn't, then you

could be subject to prosecution for NOT reporting.

Second, ANYBODY can sue you for anything. So that means that even though you

may be exempt (depending on what info you released and who you released it

to), you may still end up in a courtroom defending yourself. However, a

written release from that patient would definitely be a plus and might keep

you out of that situation coming to full fruition.

Jane Hill

[Guest guest]

Ron Mason wrote:

(5) How do I get myself into these messes

Because you care.

Irlynda , EMT-P

Random acts of kindness can profoundly affect someone's life, maybe even your

own.

[Guest guest]

Ron,

I would advise you to report the matter to Adult Protective

Services. They will investigate exploitation of the elderly as well

as abuse, neglect, etc... The laws are similar to Child Protective

Services, and in fact it's the same hotline phone number! The

investigator cannot legally leak your name as the reporter, either.

800/252-5400 (state wide intake- SWI)

http://www.tdprs.state.tx.us/Adult_Protection/

See Human Resources Code, Subchapter B. Reports of Abuse, Neglect, or

Exploitation: Immunities, 48.051 - 48.054 for more information

regarding the law statute on reporting.

" The law requires any person who believes that an elderly or adult

with disabilities is being abused, neglected or exploited to report

the circumstance to the Texas Department of Family and Protective

Services (DFPS) Statewide Intake. A person making a report is immune

from civil or criminal liability, and the name of the person making

the report is kept confidential. Any person suspecting abuse and not

reporting it can be held liable for a Class B misdemeanor. SWI will

accept anonymous reports; however, it is beneficial to the victim if

the investigating worker is able to obtain as much detailed

information as possible. Time frames for investigating reports are

based on the severity of the allegations. " -TDPRS web site

Regards,

Jeff Hummel, RN,BA,EMT-I

[deleted for the sake of the e-mail length]-

[Guest guest]

Something else you should be aware of is rather or not the patient is tell you

the truth of the events or imagines them to be true. I remember in caring for my

own mother as she slipped away in to her on world as the elderly do her telling

my mother in law that we never feed her and other fabricated stories which my in

laws were with us and knew she was making up stories to get sympathy, I like the

one where lighting hit her in her mouth and destroyed her partial denture plate,

that one almost killed her she stuck the metal tangs of the plate in a

electrical out let for unknown reasons she survived but the dentures did not and

the story was told by her to dentist and nurses and doctors until the day she

finally passed away in the hospital. I am not saying the lady is lying but

beware of stories from the elderly if you have no other support of evidence

except the story.

Is there an attorney in the house?

I'll try to keep it brief and get to the point...

I recently encountered a pt in a bad situation- involves assault,

family violence, abuse of elderly. LE is seeking grand jury

indictment.

The patient has called us back to her home several times (shares her

home with family) to check BP, etc.- but also for other reasons.

During those visits she has given many details, her concerns...

My opinion: the only way this freeloading family will continue to

spend this lady's money is either they gain power of attorney, or she

dies before modifying her will (she intends to). They have already

taken her to the Dr seeking a diagnosis of Alzheimer's or dementia.

Mechanisms are in motion to rescue this poor lady from this

situation, and I believe she'll be OK.

I have made phone calls and taken certain actions on her behalf and

at her request. I don't know if the family knows the depth of my

involvement in the matter. They do know that I am helping her in some

way, and they feel this is 'none of my business'.

Once this is over, they may seek retribution against me. Most likely

they will slash the tires on the ambulance or just shoot me. But if

they should happen to know anything about HIPAA- what then?

I'm certain that my communication regarding the patient is defensible-

such as with LE involved in the case, especially with concerns for

her safety.

I'm not carelessly spewing out details of the matter all over the

place, but what if a thorough investigation of the matter revealed

that a HIPAA violation has occurred somewhere?

There's the background- here's the questions:

The patient will not complain or sue- I'm certain of that.

1. Does a potential HIPAA violation only relate to the patient's

medical condition, or could it include other matters discussed with

the patient in private during the course of my duty?

2. Could the patient's family sue or complain?

3. If so, could the patient herself intervene against their actions?

4. If the patient dies- how strong is the 'concern for safety'

defense?

I have no written authorization signed by the patient. If I told her

about my HIPAA concerns, she would probably sign a document

authorizing me to discuss anything and everything regarding her

medical condition or any other aspect of her life with anyone and

everyone, including CNN and the National Enquirer.

Should I get a written authorization?

Ron Mason

(5) How do I get myself into these messes

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