(Second attempt to post  -- apologies for duplicates, if any)

Generally, in responding to the original question from Ginny, it seems that a health care provider cannot send out health information about someone in a different name unless they have proof that the two people are one and the same (i.e., the person can show documents to prove that they are the person in whose name they want the information sent out, such as a birth and marriage certificate). This is true regardless of the nationality and/or immigration status of the people involved. Obviously, health care providers should refrain from making judgments and assumptions about individuals and their nationality and /or immigration status based on their appearance and or language of origin, as to do so could result in charges of national origin discrimination.

Farmworker Justice

--- In migrant_health_research@yahoogroups.com, Alayne Unterberger <alayne@...> wrote:
>
> Technically speaking, this is not a change to the medical record. It is
> a request to send information to other names and/or addresses. One
> would not have to change the chart to send the documents, which are not
> part of the medical record, to a different individual. We often find
> that fw do not have good mailing addresses and they often rely on their
> networks to obtain PO Boxes or safer places to receive mail. This is
> something with which clinics and agencies have a great deal of
> experience. For this reason, I think we need to take these scenarios as
> a case by case basis and really listen to our clients. I strongly urge
> you to listen first then make a decision that fits within the law.
>
> John Ruiz wrote:
> >
> > Not with standing all that has been sent previously, the uses,
> > disclosures, and alteration of patient health information is regulated
> > under HIPAA law. Any changes to a patient medical record, including
> > patient request to change the medical record must be documented. To
> > do any different would be breaking the law.
> >
> >
> >
> > Bottom line: Cover your tail.
> >
> >
> >
> > Juan A. Ruiz (John)
> >
> > Director Health Systems
> >
> > National Association of Community Health Centers , Inc
> >
> > 7200 Wisconsin Ave. Suite 210
> >
> > Bethesda, MD 20814
> >
> > jruiz@... 301-347-0442 work direct 202-365-0154 cell
> >
> > www.nachc.com
> >
> >
> >
> > "Youth is a gift of nature but age is a work of art" - Garson Kanin
> >
> >
> >
> > *Learn what's ahead for America's Health Centers! Join us at the
> > NACHC Policy & Issues Forum, March 24-29, 2009 in Washington, D.C.
> > For more information, visit us at www. NACHC.com.*
> >
> >
> >
> > *From:* migrant_health_research@yahoogroups.com
> > [mailto:migrant_health_research@yahoogroups.com] *On Behalf Of
> > *Millard, Ann V.
> > *Sent:* Thursday, February 12, 2009 3:44 PM
> > *To:* migrant_health_research@yahoogroups.com
> > *Subject:* RE: [migrant_health_research] multiple names
> >
> >
> >
> > I have to agree with Alayne. I was interested to see, when I did
> > field work in central Mexico, that people used different names, not to
> > obfuscate. As people in the states go by different nicknames at
> > different times among different social groups, that was probably true
> > there---people usually had at least two names as first names, e.g.,
> > Maria Isabel or Juan Jose---some people would call them by one, some
> > by the other. And then, if you add on the collision between the U.S.
> > way of dealing with last names and that of Mexico, you will tend to
> > get different versions of people's last names as well.
> >
> >
> >
> > This does not mean that they are necessarily using "false" names. I
> > do agree that it is important to teach people what the law in the U.S.
> > says, but probably this group should also make sure that people are
> > taught what would be defined ordinarily as a last name in the U.S.
> > (e.g., your father's last name only or for married women, their
> > husband's last name only). I hate to say this as an anthropologist who
> > likes the Mexican custom better and as a woman who uses her maiden
> > name... !!!
> >
> >
> >
> > Ann Millard
> >
> >
> >
> > *From:* migrant_health_research@yahoogroups.com
> > [mailto:migrant_health_research@yahoogroups.com] *On Behalf Of *Alayne
> > Unterberger
> > *Sent:* Thursday, February 12, 2009 1:27 PM
> > *To:* migrant_health_research@yahoogroups.com
> > *Subject:* Re: [migrant_health_research] multiple names
> >
> >
> >
> > My thought is that we should not assume anything. I would ask them to
> > explain the situation and listen to their explanation. Sometimes we
> > providers are too quick to judge.
> > Best of luck
> > Alayne
> >
> >
> > Rene J. Quintana wrote:
> >
> > Ginny,
> >
> >
> >
> > Yes, my recommendation is, do not do it under any circumstance.
> > Anyone that informs you that they are using a false name or social
> > security number make clear to them in Spanish that it is against the
> > law. You need to educate these workers what is legal and what is
> > illegal. If you accommodate such requests you will be doing a great
> > disservice to my community. Please be clear and firm on the
> > legalities involved.
> >
> >
> >
> > Sincerely,
> >
> >
> >
> > Rene Quintana
> >
> > Manos Unidos,Inc.
> >
> >
> >
> >
> >
> > ------------------------------------------------------------------------
> >
> > *From:* migrant_health_research@yahoogroups.com
> > [mailto:migrant_health_research@yahoogroups.com] *On Behalf Of *Debra
> > Trulock
> > *Sent:* Thursday, February 12, 2009 8:09 AM
> > *To:* migrant_health_research@yahoogroups.com
> > *Subject:* RE: [migrant_health_research] multiple names
> >
> >
> >
> > Hi,
> > Probably because they are using an assumed name for work purposes. If
> > you do not have legal proof that they have had a name change, I would
> > not send anything under a different name. That would be fradulent,
> > because you know it to be different.
> >
> > --Debbie
> >
> > ------------------------------------------------------------------------
> >
> >
> > To: migrant_health_research@yahoogroups.com
> > From: gdonney@...
> > Date: Wed, 11 Feb 2009 12:23:23 -0600
> > Subject: [migrant_health_research] multiple names
> >
> > I work with an FQHC that serves the migrant farmworker population. We
> > have noticed some migrant/farmworker patients have started showing up
> > requesting information about their health be sent to workers comp or
> > their place of employment, pharmacies etc., but that they want it sent
> > under a new name. They report they have changed their name but there
> > is no official documentation to support that. Does anyone have any
> > suggestions for how to handle this?
> >
> > Thanks!
> >
> >
> >
> > Ginny
> >
> >
> >
> >
> >
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