Give up my HIPAA rights or I receive no assistance from the family

[Guest]

A family member has offered financial assistance to prevent my eviction Monday 7/13. This assistance is contingent upon:
1) medical/psychiatric evaluation(s)
2) disclosure in advance of the name of the doctor(s)
3) full disclosure of the results of the medical/psychological evaluation(s)

I am not a dependent of this family member. I carry my own insurance. I have agreed to the evaluation, but on my terms. I believe a neurological examination should be conducted first and have a specific neurologist in mind. If the neurologist refers me to a psychiatrist, I will follow that advice. The family member has agreed to this direction I've chosen. However, insists the name of the doctor and all paperwork be released to the family member. I am not comfortable with this requirement. I feel I am being coerced and strongarmed due to a very tight time schedule to prevent eviction, lose my belongings from inability to store/move and become homeless for an undetermined amount of time. I believe the requirements provided in the loan-agreement to abandon my rights under HIPAA are illegal and perhaps actionable. I do not wish to take legal action, rather explain to the family member that the conditions presented are illegal under federal and/or state (Arizona) law, whether or not I accept the conditions. Is my understanding of my rights under HIPAA correct?

Thank you

 

[army judge]

You are free to agree to the terms presented to you.
There is no coercion, and nothing actionable at law.
If the agreement isn't to your liking, simply say, no thanks.
Frankly, having helped family members in your position myself, the other party has no prurient interest in your medical records.
The party who is ponying up the money wants assurances you're seeking help, not just seeking money to repeat your former careless behaviors.

 

[cbg]

HIPAA is nowhere near as broad as many people, evidently including you, believe it to be.

A family member agreeing to provide you with a loan for medical bills providing that there be the kind of full disclosure you've described does NOT violate HIPAA. HIPAA does not prohibit anyone from asking for information, and it does not prohibit your family members from demanding to know your medical information before they will loan you money for treatment. Therefore, there is no violation and there is nothing that is either illegal or actionable.

 

[ElleMD]

This is totally legal. You have a choice; accept the generosity of this family member on the terms under which they are willing to assist or find another means of solving your problem. No laws exist to prohibit you from allowing someone to access your medical records; in fact just the opposite. The laws allows you to designate someone to be able to receive your records.