Due to HIPAA, how can I get a proxy for my brother who is in a VA hospital?

2019-10-20T18:07:08-04:00

I am trying to get some information on my brother who is in a VA hospital in Bronx NY and they said I need a Proxy to get information due to HIPA

Response by MSG Private RallyPoint Member made Oct 20 at 2019 6:34 PM

2019-10-20T18:34:56-04:00

https://www.medicareinteractive.org/get-answers/planning-for-medicare-and-securing-quality-care/preparing-for-future-health-care-needs/health-care-proxies

Health care proxies - Medicare Interactive

A health care proxy is a document that names someone you trust as your proxy, or agent, to express your wishes and make health …

Response by MSG Private RallyPoint Member made Oct 20 at 2019 6:35 PM

2019-10-20T18:35:35-04:00

https://www.health.ny.gov/publications/1430.pdf

1430.pdf

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Response by 1SG Private RallyPoint Member made Oct 20 at 2019 6:45 PM

2019-10-20T18:45:01-04:00

VA Form 10-5345 may be completed by the Veteran or legal representative.

Response by CSM Darieus ZaGara made Oct 20 at 2019 7:10 PM

2019-10-20T19:10:53-04:00

Your brother would have to sign off. If he is incapable you will need to go the legal route to be placed as his guardian.

Response by SSgt Jim Gilmore made Oct 20 at 2019 10:00 PM

2019-10-20T22:00:41-04:00

Your brother needs to give you a limited power of attorney to specifically limit the scope to his medical situation. Other than than, you can't get any more than his basic medical condition.

Response by SPC Linda Chandler made Oct 21 at 2019 9:33 AM

2019-10-21T09:33:40-04:00

Talk to the person who’s his power of attorney they just have to sign form allowing you to get your information

Response by MSgt Steven Holt, NRP, CCEMT-P made Oct 21 at 2019 3:24 PM

2019-10-21T15:24:26-04:00

Only way I know to do this easiest to hardest:

1: Have your brother sign an information release form (probably facility specific)
2: Have him complete a limited POA granting you access to his medical records
3: Go through the long, grinding process of having him declared mentally incapable of making his own decisions thereby granting you guardianship over him.

The local veterans affairs or patient advocacy office should be able to assist with either option.

Response by SFC Ralph E Kelley made Oct 21 at 2019 6:35 PM

2019-10-21T18:35:02-04:00

Release of Information and a limited Power of Attorney.

Response by SN Donald Hoffman made Oct 22 at 2019 12:08 PM

2019-10-22T12:08:41-04:00

All responses to your question are correct. If he is capable of filling the docs that is the easier pathway.

Response by Tawanna Bryles made Oct 22 at 2019 12:24 PM

2019-10-22T12:24:39-04:00

You actually do because he is a VA veteran you have to have information on you in your brother in order too visit.

Response by CW3 Kevin Storm made Oct 22 at 2019 1:37 PM

2019-10-22T13:37:04-04:00

This can be done in the facility through the release of information office. The veteran can go there, or if he can not due to being admitted and can't, the office personnel can go the bedside. He will have to work with his care giver to make that happen. If the Veteran is in capable of doing either of those, it would be who has legal guardianship should be able to do it.

Response by FA Jackie Schlageter made Oct 22 at 2019 6:30 PM

2019-10-22T18:30:06-04:00

You would need him to tell them it is ok because you are his brother or he would have to sign a paper saying it was ok to do it. I had the same problems when my husband went into the hospital. I told them I have been his wife for 49 years and you won't give me the information? He blessed them out and told them she's my wife and she can have any information she wants.

Response by LCDR Rabbah Rona Matlow made Oct 23 at 2019 11:10 AM

2019-10-23T11:10:22-04:00

He needs to sign a release