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We need to know what we need to do either by Hippa or whatever to get health updates on my mom, without having to go through the POA, is there a way? My mom still has a good amount of her faculties, but is having some memory issues.

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Nope, there aren't any loopholes in Hippa and evidently your brother has medical POA which gives him the freedom to get and discuss such information, but not anyone else. Sorry, but that is how these new privacy laws are.

Is he not telling you what is going on with her medically?
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Does the POA list you as an agent at all? I don't see the problem with waving the POA around to ask for her health status..
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Have your mother sign a statement granting you the right to see copies of the nurses, social services , physical therapy, activity, doctor and dietary notes. Call the Ombudsman office for assistance.
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I just met with my estate attorney to get my own documents in order, and although I have a POA document, he also wrote up a "HIPAA Authorization" for me. It says that I authorize medical information to be disclosed to my mom, who is also named in my POA document, but I think that this is like an extra precaution, as the attorney explained it, in a case such as if I were in an accident in another state & admitted to the hospital and the hospital wouldn't inform her of my condition.

You could get your mom to sign such a form, naming you. According to my attorney, even if your parent already has dementia, as long as your parent understands what's going on when s/he is signing the document, then the document is valid.

If you're interested I can email you exactly what mine says. I see no reason you couldn't print it out, and have her sign it along with a witness who is a notary. It should be valid.
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The best way to know how your mother is doing is to visit frequently yourself or have a trusted friend or relative do so if you live some distance away. The Hippa law is used to throw up barriers to information even when you are a caregiver and have the POA and medical directive documents. Medical staff find it convenient to site the Hippa law rather than doing the work of effectively communicating with the family. Get the documents and copy and distribute them to everyone and even then they will claim they "haven't seen them". The documents are sent to a black hole somewhere---it is very frustrating and I think it is just easier to use it to ignore all requests for information. Sorry to paint such a bleak picture but I went through this over and over again.

Good Luck:)
Elizabeth
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Even if you get access to the records you need to take them with a grain of salt.Where my mom was at (rated five star/non profit) we had her covered 24/7 with very experienced agency private caregivers or I (POA/Guardian) and one evening a fill in nurse from another unit let me look at all my mom's medical records on the computer.A good portion of the things were never being done in regards to turns,meds,med & personal care.Many times the private caregivers or I did the work (that we could do) that they lied about in the records.We kept our own methodical records.I backed up everything triple and documented with hundreds of digital photos.Their records are mostly for the sake of state inspectors.They were always good about skin breakdown (bed sores) because that is the first thing the hospital will report to the state.It is best to visit often or hire a private caregiver if you can afford it.Whoever visits your loved one always remember to keep very good records.Before my mother ever went to the nursing home (years)we did it at home because the private agency required it - a very good practice.I lived there so I knew most of those records were accurate.
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