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anyone know ADA or HIPAA laws or VA laws? ♥Ericka✄ 3 kids; Wisconsin 32779 posts
7th Sep '12

as far as medical record stuff goes? I need some advice..we'll call the VA and such on Monday but OMG I'm going insane with DH's work.

Emilia's mumum +1! 2 kids; Beaverton, Oregon 11023 posts
7th Sep '12

What type of questions? I know quite a bit about HIPAA and if you mean VA like veterans affairs I know about that too.

♥Ericka✄ 3 kids; Wisconsin 32779 posts
7th Sep '12
Quoting Emilia's Mumum *JJM*:" What type of questions? I know quite a bit about HIPAA and if you mean VA like veterans affairs I know about that too."


yes!! haha




DH's work wants him to sign over a medical files release form...I say no, his va social worker says no, and my mom says it's protected and they cannot even ASK for those records.



He had a claim at work- followed by an investigation (all of which is standard procedure in a corrections setting) ..and now they want this...



I say his therapy sessions and such are none of their business at all, and I don't think they have ANY right to be going over them...but I don't know exactly what the VA can/will release as far as medical records go b/c I know a lot of it is confidential per DoD right? like they don't release certain things anyways even if you request it....
I'm just not sure what



if what theya re asking is legal



and what we can do about it...
this is a county job so I know we can call someone?! b/c it's a federal thing..but I'm not clear on what the law are, and everything is so confusing. I just kind of wanted SOME sort of knowledge ...but we'll be calling the VA monday.

Emilia's mumum +1! 2 kids; Beaverton, Oregon 11023 posts
7th Sep '12

They can request information that has to do with his claim. I'm assuming they are paying for his therapy - so they have the right to request information about the work related injury and recovery. I believe it is a limited disclosure, so they can ask things like, "are you treating for xxx injury, and is he OK to come back to work", and they can answer yes or no and give specifics about his recovery and such.

♥Ericka✄ 3 kids; Wisconsin 32779 posts
7th Sep '12
Quoting Emilia's Mumum *JJM*:" They can request information that has to do with his claim. I'm assuming they are paying for his therapy ... [snip!] ... xxx injury, and is he OK to come back to work", and they can answer yes or no and give specifics about his recovery and such."



who his work? no all of his therapy and such is through the VA... nothing through the county...
he has no claim through them... I'm not sure why other than them wanting to verify he is in fact considered a disabled vet they would want them kwim?
it's the county requesting from the VA, not the other way around.....and if they just want them to say that- then for sure we can do that...but all of his medical records? I say no... when we get the paperwork I'll get on and tell you what it says..would you mind?



They said they mailed it out and we're in the same town so it should be here Monday-tuesday.

Emilia's mumum +1! 2 kids; Beaverton, Oregon 11023 posts
7th Sep '12

Yeah, feel free to ask me. I would only sign over something that is very very specific, only giving them access to what they NEED TO KNOW. That is what HIPAA is for, you only get info on a need to know basis. I'm a CNA and I only know basic things about my patients - name, diagnosis, physical and mental limitations. Thats it, I don't even know their ages, because I don't need to know.

♥Ericka✄ 3 kids; Wisconsin 32779 posts
9th Sep '12

okay so the letter they sent with the release says they need to know where he was treated and when..and future appt's per his testimony during the investigation..but the actual release is a general medical release form...
I think he should take BOTH to the VA and let them know only to release the information ASKED for right?

Emilia's mumum +1! 2 kids; Beaverton, Oregon 11023 posts
9th Sep '12

<blockquote><b>Quoting ♥Ericka✄:</b>" okay so the letter they sent with the release says they need to know where he was treated and when..and ... [snip!] ... release form... I think he should take BOTH to the VA and let them know only to release the information ASKED for right?"</blockquote>



Yes, exactly right.