Should HIPAA Laws Change?

I don't propose liberty in talking about your condition, rather the family role and do's and don'ts.

Once again, you're arguing from the perspective of someone who is mentally competent. We're not discussing general medical issues here; we're talking about mental health, which is an entirely different situation.

@hanysm@gmail.com That has no relevance. You are not entitled to another person medical records. It’s literally the law.

@Endlessly Pondering It does matter. In regular health issues, the assumption is that the patient is mentally fit to make decisions. However, in mental health cases, the patient's mental fitness is often in question, which makes a significant difference. Also the concept of turning 18 and reaching adulthood is based on the assumption of mental competency. But in mental health situations, this competency may be lacking or uncertain. This is where your argument falls apart.

@hanysm@gmail.com Regardless of any assumptions, The law is extremely clear, you are not entitled to another persons medical records. I am not arguing from any perspective other than the law. You can argue and assume all you want, but there is no ambiguity in the laws. It’s very cut and dry.

@Endlessly Pondering Laws can be changed, amended, or even repealed.

@hanysm@gmail.com Of course they can. But untill then, you have zero right to another adults medical record. The laws are extremely clear, regardless of any assumptions or feelings you may have. But this was a good thread, thanks for sharing your thoughts!

@Endlessly Pondering You are missing the point of my post. I am not asking for access to my son's info. I am asking that such a right for the provider be suggested to the lawmakers. Clear?

@hanysm@gmail.com You’re asking for the laws to be changed so you can access another adults medical records?

@Endlessly Pondering That's not quite what I'm saying. Please take another look at my previous posts. I'm suggesting that lawmakers consider mental health as a specialized aspect of overall healthcare. They should allow mental health providers more freedom to contact a patient's immediate family, when appropriate, to discuss their role in the treatment plan and provide guidance on what actions to take or avoid. Is that clear?

@hanysm@gmail.com So you want providers to be able to discuss one adult’s health information with an entirely separate adult?

@Endlessly Pondering Please take a moment to reread what I said. I'm becoming a bit weary of having to explain myself repeatedly.

@hanysm@gmail.com If you were speaking coherently you wouldn’t have to. Nothing you are saying makes any sense. He is an adult, you are not entitled to anything you are asking for. It’s that simple. The laws are cut and dry.

I am not talking about OCD, rather this particular condition and specifically about MY role in the treatment plan, if the health professional deems necessary.

@hanysm@gmail.com I believe that if the health professional deemed your involvement necessary, they would discuss it with your son. Ultimately, it would be his choice whether to include you in his treatment plan. It’s a straightforward process: they would talk it through, come to an agreement, and possibly create a document outlining the information they both consider appropriate to share with you. Even then, the final decision would rest with your son. This approach has worked for me. My therapist and I collaborate to decide what information to share with loved ones, ensuring it feels safe and constructive for everyone involved. There’s no need to change the existing laws because they protect people like me from being exploited by those who might misuse access to our private information.

@hanysm@gmail.com Still a hard no. It isn’t your business even as a close family member.

@isshpra 🫶🏻 You're engaging in circular reasoning again. Your scenario presumes the presence of a "competent" individual to make decisions, but in many situations, especially when someone with mental health issues is in distress, their competency may be questionable. Therefore, your straightforward process is flawed.

@Nica I strongly disagree; it absolutely is my business. This person is my son, and I have every right to be involved in handling the situation. Especially since he lives in my house, I need to be fully informed and equipped to manage what's happening.

@hanysm@gmail.com I see where you’re coming from, but I think you’re making an assumption about what ‘competency’ means in this context. Being in distress doesn’t automatically mean someone is incompetent to make decisions about their own privacy. Competency is typically determined by mental health professionals, not assumed by family members. The current process allows for professionals to step in only when necessary (e.g., if someone is a danger to themselves or others), which strikes a balance between protecting privacy and ensuring safety. Assuming distress equals incompetency feels like a slippery slope that could lead to abuse in some situations.

@hanysm@gmail.com You don’t need to take away HIPPA laws for everyone to help your child. If you are SO concerned for your adult child, you can go through the legal guardianship process. But you need to prove without a doubt he cannot take care of himself and he’d never recover (which isn’t likely but it happens once in a blue moon) and that’s why you need legal guardianship over him. Speak to a lawyer about this.

@Nica I am not suggesting taking away HIPAA laws. That's not what I'm saying. Please take another look at my previous posts. I'm suggesting that lawmakers consider mental health as a specialized aspect of overall healthcare. They should allow mental health providers more freedom to contact a patient's immediate family, when appropriate, to discuss their role in the treatment plan and provide guidance on what actions to take or avoid. Is that clear?