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HIPAA -unplanned babies being born into bad social situations - Me

Posted: Mar 31, 2012

Serious question... I transcribe for a hospital/account that is in a different state than where I live. I get so upset sometimes at the types of reports that I get. Usually I transcribe/edit them and move on and they all blend together and I forget at the end of the day who/what I typed. Which is a good thing. However, some reports about OB especially really bother me, basically unwanted or unplanned babies being born into bad social situations. My question is can I contact this hospital or my MTSO for them to contact the hospital and give my information as to my interest is adoption? I'm serious. I know it is a HIPAA violation to ask any information on any patient, and I am certainly not keeping any of it for myself either. I do not remember the patient's name after I send the report. But is it possible for me to contact via email the hospital that I transcribe for, say HR, and let them know that if any babies are born that are not "wanted" that I would seriously be open for adoption. I would give them all of my info for the hospital to contact me or even the patient herself. Long story short, I am unable to have children on my own and would love to have them, and do not have the finances for IUI, IVF, and even adoption. And no I am not "combing" the hospitals looking for a baby either. I am very curious about this and would like some advice before I go about it, if I even do. I have not said anything to my MTSO or anyone else. Is it possible to just hey I'm here to help? or am I crazy? Thanks much

Please don't do that. Cant' you register with - adoption agencies? SM

[ In Reply To ..]
The hospital would just suggest you do this anyway, you cannot adopt from a hospital. What about foster care? I know it must break your heart, but please don't do what you are thinking.

As said, especially below with "HIPAA." People responsible - enough to adopt a baby need to

[ In Reply To ..]
adopt a responsible approach.

HIPAA - sm

[ In Reply To ..]
What you are thinkng of doing would be inappropriate and, yes, would be viewed as a privacy violation and as unethical.

No hospital would cooperate with this. They cannot approach folks they feel have poor situations to suggest that they give their children up.

They would have to respond with an immediate demand to have you removed from their account. I am certain that your company would feel it necessary to fire you. You would not get a good reference, either. You might even find yourself being charged with a crime.

The thing is that you cannot USE patient records for ANY reason, even if you think it is a good reason.

You cannot check to see if your mom's prescription got written and you cannot save babies.

Respecting the privacy of patients means more than just not talking about them. You shouldn't even be thnking about them or their situations.

I would recommend that you contact an adoption agency and do this the right way. Perhaps you could ask your pastor to recommend one.

sm - quasi modem

[ In Reply To ..]
You transcribe for a hospital account in a different state than where you live. (An across the state line deal, eh?) You are really bothered and upset about some OB reports, basically referencing unwanted or unplanned babies being born into bad social situations. (Yeah they are much easier to kidnap that's for sure.)You do not have the finances to adopt. (That's why you came up with this idea, you clever devil)! You are not "combing" hospitals looking for a baby. (Well of course you're not)! You would give the hospital all of your info for the hospital to contact you ((try to haggle down the cut of the "middle man" when you get contacted by "the hospital", would ya?) or even the patient herself. (Now that's really using the old bean a roo. Cut out the middle man, er, I mean "the hospital" and save yourself some serious megabucks!)

I say, go for it!

That was exactly what went through my head when - I read this.

[ In Reply To ..]
And that is exactly what the hospital and law enforcement will think.

HIPAA - me

[ In Reply To ..]
If you transcribed reports on extremely wealthy men who were single and said to their doctor they were lonely, would you consider calling the hospital and asking for a date?

While your heart hurts for babies, you have no idea what the reality of their situation will be.

If you want a baby, adopt, the right way. There are thousands of children who need loving, caring parents.

What is the HIPAA violation? - sm

[ In Reply To ..]
You said that you knew it was a HIPAA violation to ask for information on any patient.

ASKING for information on a patient is NOT a HIPAA violation.

DIVULGING information would be a violation.

USING information for your own purposes, whether you divulged it or not, would be a violation.

You are ALREADY using it. You are paying attention to it, becoming upset about it, making value judgements about patients because of it, and planning actions based on it. Fortunately for you, nobody knows about it yet.

HIPAA - Anonymous

[ In Reply To ..]
Asking for information on a patient, unless that patient is a minor and you are the parent or legal guardian or an insurance company or third party payor requesting information, would be a HIPAA violation. You cannot ask for information out of the blue on someone without their authorization. For MTs, accessing patient information unless it is being done in the course of their job, is a HIPAA violation.

Asking for information is not a violation . . . - sm

[ In Reply To ..]
You can ask all you want . . . absolutely nothing wrong with that.

People ask for it all the time. They have no authorization, or they have invalid authorization, or whatever . . . but there is no violation there.

The violation occurs when you give them what they weren't supposed to have.

There's no HIPAA issue here. - Berta

[ In Reply To ..]
As long as you're not contacting anyone with respect to any specific patient, but merely inquiring as to adoption opportunities, such a general inquiry has nothing whatsoever to do with HIPAA.

Folks, the privacy and security provisions of HIPAA deal with the protection of personally identifiable healthcare information, and specifically measures to keep it from being improperly disclosed or revealed.

That's it - nothing more and nothing less. I've been bored to tears acquiring several certifications in this area and serving as a Privacy Officer.

Perhaps more to the point, contacting any hospital in this regard would almost certainly be useless. The suggestion someone made to register with an adoption agency is the right answer.

Unless she slips up... - wheres_my_job

[ In Reply To ..]
...and says, "while I was transcribing reports for your hospital..." or she slips up and says, "I cried my eyes out about that baby with heroin-addicted mom that got left in a car" - and it wasn't in the local news, so how did she hear about it? Really, the potential for getting fired is real.

My apologies...sm - Me

[ In Reply To ..]
Thank you all for replying. I would like to explain my question. Please understand that my heart was in the right place, unfortunately my brain wasn't and the wording was wrong. I am not trying to cut out the middle man like some have posted, I was clearly trying to get answers about if it was even possible or "smart" on my part to offer my name as someone who could help. I was not trying to do anything sneaky, illegal, unethical, or any such word. I also do not want to lost my job over this, so apparently I was way wrong posting my question and I feel terrible about it. I do apologize to anyone that I have offended. I know people who are adopted and have adopted and would never downplay or offend them in any way. I truly apologize for that. Also, I do not keep track of any work that I do, I merely made an observation. However, I've seen postings on here from others about patients doing this or that and MTs being mad about it, but yet I feel judged and upset by some of your posts regarding my intentions. Again, my heart was in the right place, but God help my stupid brain. The minute I posted my question, I second guessed if I should have, well I should have not. I have not pursued anything beyond this post and will not do anything that I asked in my OP, and certainly am not "trying to save myself a buck" and since I was unable to delete/edit my OP, I will end this by stating again, it was just a question!! I am not baby crazy, I was merely trying to be good hearted and it was clearly misconstrued. I will not post anything like this again nor will I reply. Sorry I even brought it up. I'll take my foot out of my mouth now.

I sincerely apologize and that's the end of it.

Person who wants a child - transcriber

[ In Reply To ..]
I feel terrible for you. If you cannot afford to adopt, I know several people who have fostered children and then were allowed to adopt them (for no cost). Maybe that is the route you should take. I agree that the method you have stated here would probably be a huge conflict of interest and not the best route to take. Good luck to you.

Adoption questions - ljn

[ In Reply To ..]
Wow, I was truly shocked at some of the responses to this lady; the judgmental, accusatory tone was really unfortunate.

I didn't get at all that she was trying to "dodge the system" as a couple of you insinuated.

Her post really hit home - There was a time that I too, might have done something careless/without thinking, because my desire to hold a child of my own was just that strong.

Having trudged the sad road of childlessness and failed adoption (for no other reason than my older spouse decided when it came time for us to be matched with a child, he decided he didn't want to parent again).

I completely understand the utter heartbreak and even that momentary feeling of "desperation" (my words) that the poster was/is feeling. She poured her heart out, and was soundly chastised for it by some of you. What a shame.

ME, I agree with many others here, in as much that you would be up against a huge bureaucratic wall, for many of the reasons addressed here. HIPAA violation or no, there is just so much paperwork and red-tape that goes into the adoption process.

But, I STRONGLY urge you to look into foster-to-adopt. You don't have to make tons of money; you DO need to prove that you can provide stability and are equipped emotionally and physically to meet some of the challenges of child who has had a rough start in life - as you know already. Call an agency or two, and ask if they run foster-adopt programs. Adoption agencies are, in most cases, much more organized than going directly through the county that you live in. They will guide you through every step of the process. In most cases, your expenses for all of the paperwork and classes will be paid for through grants and special stipends. Monies you put up initially are typically reimbursed. It can be done! If you are serious about wanting to parent, don't sit and wish or fantasize as you transcribe these OB reports - instead, be proactive, get on the phone and start making some calls! There are babies, and children both young and older who need a loving parent!

Prayers for you.... - I know your pain....

[ In Reply To ..]
Let me first say that my children are adopted and recently my daughter and son-in-law were able to adopt a son. I feel your pain in a way that you know I do. Going through infertility myself was nothing compared to going through it with my daughter and son-in-law now. The expense and "humiliation" of going through adoption now is unbelievable. You cannot just say how much you want a child - you have to nearly prostate yourself in front of the social workers and other adoption agency personnel to prove that you are even capable of being a parent. You are "not worthy" until you prove otherwise. Then money becomes the issue - and usually this comes after spending every available dime that you have on medical care, up to and including failed IVF. Our daughter and son-in-law were able to adopt their son because they got the word out that they were looking and someone knew someone who knew someone who knew someone - they are still about 5-6 years out from adoption through the agency they are working with.
I guess my point in writing this is to share with the original poster that there are some of us who understand the pain and to share with those who were harsh that you cannot know to what lengths a childless person will go to to become a parent. As long as the arms are empty, the heartache is there. It consumes you. Was the suggestion radical? Maybe, but I understand her pain.
I would encourage the poster to let everyone know that she is looking to adopt. I'm a firm believer in the power of prayer. I believe that is what let our daughter and son-in-law to their son. I will add you to my prayer list.

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