Can a sibling who doesn't have Durable Power of Attorney request information from medical staff at nursing home or hospital?

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Are you allowed to give your input?

Answers 1 to 9 of 9
Are you asking about does not have medical POA for Durable POA concerns finances and a Medical POA is focused on health? Those who abide by the letter of the medical POA will normally not give such information out to anyone but the medical POA. You can give your input, but they are not going to discuss it with your if you don't have medical POA.
Please be more specific. What kind of questions are you asking?
Esther---Without having the advance directive from a sibling in place--I would think that the HIPPA act would come into play, unless you have been permission, in advance, to interceed.
I am NOT an attorney, but this is my 5 cents worth..
The nursing home staff or hospital staff, is given a copy of such records, in advance--in case a medical decision has to be made.

If I'm not mistaken, a NH can disclose "protected health information" (PHI) to a family member, a personal representative, or another individual directly responsible for the Resident's care -- especially if they're paying for it.

Also with the Resident's consent of course, the NH may also share limited information (e.g., name, location in the NH, general condition) so that family and friends who visit know how well the individual is doing.

In sum, a NH may disclose PHI to facilitate treatment, payment, or health care operations, or if the NH has obtained authorization from the individual. When a NH or covered entity, however, discloses any PHI it must make a reasonable effort to disclose only the minimum necessary information required to achieve its purpose. Unfortunately, HIPAA still remains one of the most misinterpreted and misapplied laws -- by everyone, not just health care providers.

At the risk of sounding blunt, I must say that caring for a parent shouldn't be a competition but a shared responsibility from the heart. And if this individual/sibling is enhancing the quality of your mother's life and care while in the NH I don't see anything wrong with accessing her medical records. You can always dispute it by filing a formal complaint as long as you believe you're acting in the best interests of your mother. But keep in mind that NHs are also mandated reporters and can disclose situations that are detrimental to the Resident's health and overall well-being. That alone can shake the foundations of anyone's POA.
Like Ed said you can get very limited info, but unless u are actual POA, even with your parents concent you cant get much............just went through this! so I know, but each State could be different, I am in Florida, and since its the retirement district of the world they really make us go through all kinds of red tape,etc,,,,,,,,,, to get anything at all!!!! Maybe its totally different where u are!! worth checking online too, what u can and cannot get with or without POA in your situation..........
I want to thank everyone for their comments.
I truly appreciate it....
A siblng? A sibling of the patient? NO. No information is available to this person, no materr how well-intentioned.
Top Answer
Ed: thank you for shedding some COMMON SENSE on this all too confusing subject.

Why in God's good name can't families understand that others may have something constructive to contribute? Care meetings should be held so ALL concerned can discuss the options of care for a loved one. There are OMSBUDSMANs available too that can help families so information can be shared and the COMMON GOOD for the 'patient' prevail!!

My hands were tied when it came to getting information about my mother's medical care, and trying to get information from the sibling in our family who set himself up as Health Care Advocate was pointless. Then he claimed that information was NOT being provided to him!! Well that point is moot now, since Mother has passed, and I will never know what 'could have been done' to make her time on earth more pleasant. All I could do was be there, and spend time with her, and offer ANY help I could to make life easier for her.

I guess I won't ever understand why it is so difficult to share information when there is a common concern for the care of a loved one! God Bless us ALL!
In my experience, my family has been asked to list, on a special form, the names of those who can receive medical information about the patient. Ideally the patient should be the one who decides who goes on that list. I was my mom's medical POA and always listed my all my siblings.

For Caregivers who may run into this in the future, I would suggest making a list identifying those the patient (or their representative, in the best interest of the patient) would want to know about the patient's medical condition. This list, though not a legal document, could help the person with POA, eliminate any disagreements that might come up, when everyone is more emotional. This list should be kept with the Living Will or incorporated into the LW itself -- when it is drawn up.

THE MORE YOU KNOW ABOUT THE PATIENT'S WISHES, THE BETTER. It helps when they are sick and helps bring the caregiver peace after the patient is gone.

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