I understand HIPAA, that's why I asked this question: Did these psychiatrists actually see her, examine her, render a diagnosis, treat her and or care for her? Was she their patient? Then HIPAA would apply.
Or have they just read about the case and maybe talked to her lawyers and then drew psych conclusions (much like we have here)? If so, I don't see how HIPAA would apply if she wasn't actually a patient.
I am curious as to how HIPAA is applied in a situation where the defense team is trying to get a certain psych evaluation for legal reasons in order to benefit their client in court. I would think (but don't know) that this has got nothing to do with the HIPAA law as it applies to an actual patient in a medical setting receiving care by health care providers.
Does anyone know the answer to this?
You point out 2 excellect questions.
1. When does the physician/individual interaction become a physician/patient relationship? The moment the physician agrees to evaluate the individual. So that means/includes
The moment a person signs the check in log at that doctors office, lab, treatment facility such as physical therapy, diagnostic center, signs for receipt of a medical treatment, ie. pharmacy.
The moment a physician agrees to evaluate an individual, defined when either
*that physician makes an agreement with the referring physician for
any reason either to treat, evaluate or assess
*that physician reviews any medical information of that patient prior to
ever seeing that individual
*if a physician has any form of communication or discussion with an
individual that relates to a medical complaint, discussion,opinion and so
forth
2. What falls under the HIPPA Umbrella?
*Anything that has anything related to anything medical.
*Doesn't matter who initiates the medical request. It still involves a
medical component related to the individual.
*The HIPPA umbrella doesn't cover a medical facility it covers the
individual. Think of it like this...Each of us have been assigned one of
these umbrellas. It follows each of us everywhere. The bathroom,
dinner, vacation, work, in the car, where ever we go, it goes.