Phoenix, AZ asked in Personal Injury and Civil Rights for Arizona

Q: My roommate has multiple personality disorder and she was taken from the parking lot at casino arizona to scottsdale

Honor health osborn and now they say shes not there and never was there even though her husband was there with her before they removed him from the hospital.

Related Topics:
1 Lawyer Answer
Kai Michael Henderson
Kai Michael Henderson
  • Civil Rights Lawyer

A: This may be a HIPPA issue. A person who is involuntarily committed has privacy protections which means that individuals without Release of Information paperwork may not be able to access the records. Her husband may be better able to obtain certain directory information. explains that "the HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object." Sometimes medical facilities simply do not communicate information becaues they believe there may be some HIPPA violation, or the patient does not want the information out. A patient may have also been transferred to a different facility based on bed availability without being officially checked into the first facility, but one would expect a paper trail under those circumstances. A patient can also be held for up to two weeks without much in the way of due process while they evaluate a case where there are allegations that a person is Persistently and Acutely Disabled, Gravely Disabled, a Danger to Others, or a Danger to Self.

This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.