Housing Violation

[Springtime1]

Is there a Hippa Violation when a Housing organization management office calls a doctors office which deals with mental health issues , and questions a letter that was written and then ask the person what their mental problems are in detail while they are sitting there. and then tells the person that their request will most likely not be approved.

 

[army judge]

Is there a Hippa Violation when a Housing organization management office calls a doctors office which deals with mental health issues , and questions a letter that was written and then ask the person what their mental problems are in detail while they are sitting there. and then tells the person that their request will most likely not be approved.

What do you think?
Why would an inquiry be a violation?
There's no harm in asking questions, even very personal questions.
After all, the agency somehow came into possession of THAT letter, right?

If the agency answered, MAYBE they violated some aspect of HIPAA laws, who knows?

You might wish to contact HIPAA and see what they have to say:

http://www.hhs.gov/ocr/privacy/

 

[disagreeable]

The Housing Org is permitted to attempt and clarify any record provided by a prospective tenant regarding the safety and security of the premises. The doctor is obligated to follow HIPAA regs and only release information not authorized for disclosure by the patient under the following conditions:
Communicate with a patient's family members, friends, or others involved in the patient's care;
Communicate with family members when the patient is an adult;
Communicate with the parent of a patient who is a minor;
Consider the patient's capacity to agree or object to the sharing of their information;
Involve a patient's family members, friends, or others in dealing with patient failures to adhere to medication or other therapy;
Listen to family members about their loved ones receiving mental health treatment;
Communicate with family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and
Communicate to law enforcement about the release of a patient brought in for an emergency psychiatric hold.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/mhguidance.html