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.

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1 Lawyer Answer
Kai Michael Henderson
Kai Michael Henderson
Answered
  • 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. HHS.gov 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.

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