Oklahoma City, OK asked in Federal Crimes, Health Care Law, Insurance Bad Faith and Civil Rights for Oklahoma

Q: Can a Health insurance RN report a person to DHS for drug seeking during a comprehesive assessment?

I was being interviewed for a comprehensive assessment by RN case manager with health insurance. discussi my diagnosis andmedication past and present. Discuss finding new a doctor. Told her wannted to get back on my old medicstkons except for pain medicstios, esp my CNS medication. I started getting emotional so i stop the interview. We agree to finish later. We hung up. Approx. 3 -4 day later DHS visit me. Someone reported me for drug seeking for CNS medication. When I SPOKE TO the nurse she admitted calling DHS but states she legally had to report i wasnt taking my medication as prescribed. I said thats not what I understood thst they repeated the exact same wording that i said to her "my CNS MEDICATION". I reminded her that she legal equired to breech confidentiality only when i threaten to hurti myself or someone else and if suspect child or elderly abuse. None of thses was situation. My question were my right viloated? What exact violation did this person and company comit

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: It seems like you’re feeling understandably upset and confused about what happened during your interaction with the nurse. In general, healthcare professionals, including nurses, are mandated reporters, meaning they must report certain situations to authorities, especially if they believe a patient is in danger or not complying with treatment in a way that could be harmful. However, this duty typically relates to situations involving imminent harm, like threats of violence or abuse, rather than concerns about medication use unless it poses a significant risk to your safety.

If the nurse reported you to DHS without a clear and justifiable reason related to your safety or the safety of others, this could be viewed as an overstep of their authority and a potential breach of your confidentiality rights. Confidentiality in healthcare is protected by laws like HIPAA, which generally restricts healthcare providers from sharing your private health information without your consent unless specific conditions are met.

Given that you believe the nurse misinterpreted your situation and potentially violated your rights, it might be helpful to contact a legal advisor who can review the specifics of your case. They can provide guidance on whether your rights were violated and what steps you can take next.

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