Attention: HHS - Office for Civil Rights - HIPPA
Question:
Does the HIPAA Privacy Rule or State law control who can act on the behalf of another person? Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individual's protected health information?
Answer: Generally, no.
The Rule defers to State and other laws that address the fitness of a person to act on an individual's behalf.
However, a covered entity does not have to treat a personal representative as the individual when it reasonably believes, in the exercise of professional judgment, the individual is subject to domestic violence, abuse or neglect by the personal representative, or doing so would otherwise endanger the individual.
Dear Sir or Madam:
Re: Schiavo -- the Best Interests of the Patient
An impartial investigation in the Schiavo case is sorely needed to determine whether or not the best interests of the Patient (Terri Schindler Schiavo) in the Schiavo case is being improperly handled. The reasons for this are numerous. But most disturbing (and urgent), at this time, is the highly suspect irregularities evident with respect to the erratic behavior of her estranged husband Michael Schiavo.
There are many reasons to believe that (the Patient's) best interests are indeed not being properly discharged under the guardianship of Michael Schiavo (her estranged husband). And if not, then it is of paramount importance to immediately implement, and follow through with, a thorough investigation respecting the safety and protections outlined in Patient's Rights and Privacy issues.
There are reasons (and examples) to, not only justify, demand such an impartial investigation. The zeal with which Michael Schiavo has sought to have his wife 'put down', as soon as possible, without even affording her the slightest opportunity to receive any therapy, or even simple humane medical care (such as treating a life-threatening infection).
In anticipating her death (once he succeeded in having her feeding tube removed from her), he suddenly demanded that her body be immediately cremated. He further demanded that her parents (and siblings) not be allowed to see (not even to say goodbye to) her.
Ever since he became the sole beneficiary to his wife's medical account, for which he repeatedly lied to (and duped) a jury to obtain, Michael Schiavo has repeatedly fought to have his wife's feeding tube removed so (in his own words) he "could get on with [his] life". Medical personnel have testified that he would frequently call up to inquire: "is the bitch dead yet?"; and "when is that bitch gonna die?"
There is also testimony that, when Terri had taken a turn for the worse, he rejoiced and exulted: "I'm gonna be rich!"; and he would brag about what he was going to purchase with the money he would inherit as a result of Terri's death.
There is also documented evidence that Terri had numerous (bone) breaks and fractures (some in the process of healing) that suggested trauma (that could be a result of abuse). There were also indications that she had been strangled, and that that may have been a contributing factor (in the loss of oxygen to her brain) that was the cause of her brain damage. Michael saw to it that no one (especially not her family who cares for and loves her) would have access to her medical records, in order to determine what could have caused such a young healthy woman's heart to suddenly stop.
Michael had girlfriends, while married to Terri, and is presently living with his latest girlfriend (with whom he has sired two children). He repeatedly lied to (and duped) a jury, in order to obtain a special fund for Terri's medical and physical therapy. He swore, under oath that he was planning to use the money to "take care of" his beloved wife for the rest of her life, if necessary. The jury believed him and awarded Terri (not Michael) over $1-million (for the specific purpose of caring for her medical and therapeutic expenses).
However, as soon as the hefty award was placed in Terri's medical account, he then changed, from the 'loving' husband who wanted his wife to get well, to one who demanded that no therapy (or even the slightest medical treatment or humane care) be given to Terri. He also instituted a "DNR" order. He was now the sole beneficiary of Terri's medical account, and instead of using it for her benefit, he spent a substantial amount of it on legal fees trying to end his wife's life.
And, although he never mentioned it in all the opportunities he had to do so, during court proceedings, yet (years later), he 'suddenly' remembered that his wife had specifically expressed her wishes to him, that, if she were ever to have to be fed through a feeding tube, she would want it removed.
No question about it: it's time for a thorough (criminal) investigation into whether or not Michael Schiavo needs to be immediately removed as guardian for Terri; and replaced by a member of her family (who will look out for her best interests).
Until there is a thorough (and impartial) investigation into the question of the "fitness" of Michael "to act on" Terri's "behalf", I strongly urge HIPAA to take immediate precautions to protect the life and well-being of Terri. Thank you for your cooperation.
(name removed for web posting by msmagoo)