Civil Right Violation?

[CriminalNOT]

Hello Everyone, this is my first time posting. Kinda wish nobody needed these type of forums, but..... Any way, does any body know how to deal with an over zealous Social Services Investigator when they released private medical information of a minor to another non-family minor in the course of their investigation?

 

[CdwJava]

Who released what information to whom? There could be any number of people to whom the investigator could have released certain information.

- Carl

 

[CriminalNOT]

Supplement

I know the information can be released to anyone involved in the investigation connected to DSS and other parties involved in her health and care, but this particular one released the information to another non-family individual that they were questioning that is not related to her health and care, and has no connection to DSS, in regards to my child. It is a blatent violation of HIPAA. As stated in HIPAA, all information obtained in parties reguarding medical information pertaining to an individual shall use reasonable care to PROTECT that information. If the information is used, it is to be used as not to name or otherwise identify an individual. This worker indentified my child by name, disclosed medical information to a NON-family 16 year old about my child, while questioning her about my child. This 16 year old was not privy to the information about my child, but now the child is.

 

[seniorjudge]

Why was the information disclosed?

 

[CdwJava]

And, again, who was this other person? And what is their relationship to you or the child in question? Additionally, not ALL types of medical information might be covered under HIPAA and the release by certain parties to others is not always prohibited. There are situations and circumstances (often governed by state law) that permit this relase. What did the social services agency say about it when you asked them?

- Carl

 

[CriminalNOT]

My child was admitted into a psyciatric ward two years ago.eg depression, thoughts of suicide,adhd,possible bipolar,learning disabilities(whats to stop this case worker from discussing my daughters whole medical history with anybody?) This child that was questioned did not know about it until the case worker was questioning the other 16 year old about her. The other 16 year old is a daughter of a friend of mine, but it still doesn't make it right for the case worker to use it in casual interview with a minor. And if I end up questioning the case worker about it, I want some legal background about how or what information can be released about her. I have been in 3 other investigations, 1st-daughter off school too many days, included with that absence was 2 weeks following her mothers death(DSS cared, school didn't, turned me in to DSS) I can understand because its the Law.2nd-dog fesces all over house,son smelled strongly of urine, 3rd-left 10 year old son home alone ,same caseworker I have now, caseworker accused me of leaving my son alone, didn't say alledged, just outrite accused me of it.When told I left my son with neighboor she wanted to know immediately who it was, I said it was her supervisor, then she huffed got into her car left and I never saw her again. All cases were deemed Not-Indicated. Anyways, now that the 16 year old is privy to the information about my daughter, how can I or anybody stop her from telling the other children in the school where my daughter goes. My daughter is quite popular, and this is a small town.This will probably devistate her, and make the job of getting her depression under control that much harder.This particular case worker went into previous case files and gleaned this information. If this information is public knowledge than I should be able to got to any Phsiciatric hospital and look in their records to find out who has been admitted there. If it's not public knowledge, then what is my recourse?

 

[CdwJava]

Since I am not privy to the HIPAA regulations in your state, there may be some differences for you. However, it is entirely possible that a social worker is NOT covered under HIPAA. The DHS lists as covered enitites the following:

- a health care provider that conducts certain transactions in electronic form (called here a "covered health care provider").

- a health care clearinghouse.

- a health plan.

If the social worker does not fall into one of those categories, he or she may not be covered by HIPAA. However, it IS possible that your state assigns such responsibility or similar rules to social workers. While he or she may not have violated HIPAA, they might have violated some other rule.

Hvae you spoken to a supervisor at the agency? Or, perhaps, an attorney who practices HIPAA and related law in your state?

- Carl