Apartments ask about prescription meds!

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posted on Feb, 7 2013 @ 03:18 PM
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Originally posted by davjan4

Originally posted by DaTroof
reply to post by NavyDoc
 


Exactly. HIPAA doesn't protect you in this instance. One can refrain from sharing this info, but beware that such negligence comes with consequences, perhaps even being kicked out of the apartment or school.


So how is not forking over your medical history to someone who has no legal right to it "negligence"?


A friend of mine is epileptic. She has a job in the retail industry, so she's on the sales floor most of the day. She has her manager keep a spare bottle of her pills around in case she forgets to take one or starts having an episode at work. This could save her life, yet it's not technically her manager's &co-worker's "business" to know about her medical condition. If she failed to take these precautions and failed to share information with her co-workers, she may suffer severe brain trauma or worse.

I'm not saying your daughter has to answer that question, I'm just pointing out that it's pretty irresponsible NOT to.




posted on Feb, 7 2013 @ 03:19 PM
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I would put N/A on that spot if I was her. And add, this is an illegal question that violates constitutional rights.
edit on 7-2-2013 by Unity_99 because: (no reason given)



posted on Feb, 7 2013 @ 03:19 PM
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Question....Are you currently taking any medications?

Answer....Why, what are you selling?

Sounds like fishing for psychos and people with a prescription for cannabis.



posted on Feb, 7 2013 @ 03:22 PM
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Originally posted by whyamIhere
Question....Are you currently taking any medications?

Answer....Why, what are you selling?

Sounds like fishing for psychos and people with a prescription for cannabis.


They're already students. The school got their money. There's nothing to fish for. This is a private apartment on-campus which is an upgrade from the dorms. You want in? Fill out the application,and beware the consequences of falsifying information.



posted on Feb, 7 2013 @ 03:27 PM
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Originally posted by DaTroof

Originally posted by AwakeinNM

Originally posted by DaTroof
On-campus, school-built are the key words here.

Prescription drug abuse is rampant among college students, and this is a way to determine what pills are legally on their campus.


Irrelevant. It is none of their business.


As a student paying rent to a landlord who happens to also be the school, it is absolutely the school's business.


Why do you think that? Because they tell you? Know your rights, friend. If you don't know your rights, you won't know when they are taken from you.



posted on Feb, 7 2013 @ 03:32 PM
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reply to post by AwakeinNM
 



I'm all for honoring rights, but if you had a condition which required regular medication, I would want that medication to be available to you. Keeping secrets helps no one when it comes to understanding health.



posted on Feb, 7 2013 @ 03:35 PM
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just put NONE.. problem solved.. they can ask you whatever they want to that doesn't mean you are required to answer.



posted on Feb, 7 2013 @ 04:01 PM
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Just for the sake of clarification:

HIPAA only stops medical facilities from divulging your private medical information. BUT, they are allowed to share your data without identifying information, for research purposes.

They are allowed to share with other medical facilities that have a need to know, such as vendors, for medical equipment, in the instance your doctor orders something like a wheekchair. They are only allowed to divulge the minimum information required to provide for your care.


People waaaaay overuse HIPAA as a blanket protection. It is not. YOU are still ultimately responsible for the private information you choose to share, or not.

There have long been issues with companies and businesses asking for Unconstitutional information, from Social Security numbers all the way to race, religion, sexual orientation, etc. We only balk at reveals when it is something that personally offends us. Think back to persepective employers asking for Facebook passwords and email passwords.

You only reveal what you want. There are no consequences to not revealing this information legally that I can think of, and personally, I would place a phone call out of curiosity and ask them why. We can speculate all day, but the real answer may be surprising.

What if it just meant they may provide a different level of security alarms?

Of course, the most sinister reasons are the most interesting ones.



posted on Feb, 7 2013 @ 04:01 PM
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Sorry for duplicate post...
edit on 7-2-2013 by Libertygal because: (no reason given)



posted on Feb, 7 2013 @ 04:18 PM
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Going to go out on a limb here and say this is as illegal as it gets regarding invasion of privacy.

I spent 24 years in the Army - I got hurt pretty bad once (broken neck) and had to take a lot of medication, some of it narcotic in nature.

During my time in recovery I was assigned to a non-combat unit in the D.C. area in recruiting. Now once a boss asked me what medications I was taking for pain. Now understand this is the Army now, pretty invasive as far as rights go. Bottom line is the guy was an ass with a grudge against SF types. He wanted to see if I was taking narcotics and operating a military vehicle.

So, long story short I asked him if he was a Doctor. He freaked did the little "I'm your Commander" speech to which I asked him again if he were somehow involved in my health care in a way that I was unaware. He called the hospital, the Doctors promptly explained HIPPA to him and referred him to legal. The lawyers blocked his shot like the big guy in the most recent GEICO commercial...

The final outcome was Commander Zero - HIPPA and I - One. This is in the Army...so I'm guessing that it protects you from invasive questions from a landlord. Life really doesn't much more invasive and less free than military service...

He also went on a fishing expedition with a piss test wanting to know what I tested positive for which happened on every test.

All they get back is the substance (they just indicated opiates et al.) detected is within the amount and tolerance to indicate the Soldier is taking prescribed medications IAW doctors instructions.



What kind of information does it protect?

It protects any kind of health information such as office visits, tests and procedures, diagnosis, or other facets of medical care. This includes mental health information, therapy, counseling or other aspects of mental health care. Information that is spoken, printed or transmitted electronically all fall under the HIPAA privacy act.

Does my healthcare provider have the right to share my information?

Yes. Your healthcare provider does have the right to share your information with:

Other healthcare professionals involved in your care
For coordination of your healthcare with other specializations
To report any information that affects public health, such as dog bites, gun shot wounds or infectious diseases
With any family, friends or other people that YOU determine as acceptable, to help with your medical care or finances and billing

Keep in mind that if you want your medical records from one office sent to another, you will have to sign a release form.

diabetes.about.com...



Bottom line is no one can refuse to rent you a domicile contingent upon your listing any medical information which includes pharmaceuticals proscribed - that would be discriminatory and a violation of the ADA.



posted on Feb, 7 2013 @ 04:39 PM
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Originally posted by DaTroof

Originally posted by schuyler

Originally posted by DaTroof
On-campus, school-built are the key words here.

Prescription drug abuse is rampant among college students, and this is a way to determine what pills are legally on their campus.


Those aren't key words at all. It's still against HIPAA, which is very strict in this regard. That;s why you have to pay for a prescription at the pharmacy inside a grocery store instead of at the normal check out. Some checker "might see" what you are taking. I would think a brief letter to the school invoking HIPAA would do the trick here.


We don't know enough about the pharmaceutical guidelines for the campus. This question may be to ensure that backup medication is available through a campus pharmacy in case of emergency.

There may be strict guidelines on how narcotic or heavily abusive medication is doled out. Medicines deemed narcotics may be prohibited from inside the apartment.

Without knowing what guidelines are present for residency, we can't know whether this question seeks too much personal information. In my opinion, it's within the rights of a private establishment on-campus to ask such questions.


You've obviously never had to deal with HIPAA regulations. As an employer in HR I had to implement this when it was first introduced. The school is not exempt, nor does it act "in loco parentis" for its students. HIPAA covers all medical treatment and all prescriptions, not just narcotics. It's not a matter of us "not knowing enough." We DO know enough and it is NOT "within the rights of a private establishement to ask such questions." This is just your uninformed opinion on the matter.

If someone here has a lot of professional experience dealing with HIPAA regulations and can answer with some authority and experience in the matter, by all means speak up. But I don't think were here just to share opinions. This is a legal issue. HIPAA has had a tremendous impact on how we deal with health-related issues in this country. Although in my opinion HIPAA has locked up health issues far more than is reasonable, my opinion doesn't count. I'm subject to this law, and so is this college.



posted on Feb, 7 2013 @ 05:00 PM
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Originally posted by Libertygal

People waaaaay overuse HIPAA as a blanket protection. It is not. YOU are still ultimately responsible for the private information you choose to share, or not.

You only reveal what you want. There are no consequences to not revealing this information legally that I can think of, and personally, I would place a phone call out of curiosity and ask them why. We can speculate all day, but the real answer may be surprising.

What if it just meant they may provide a different level of security alarms?

Of course, the most sinister reasons are the most interesting ones.



Well said, Libertygal. I was a benefits compliance officer for over 25 years and there are many misunderstandings when it comes to HIPAA. Simply put, it is illegal for a medical facility/professional to share your protected health information (PHI) with anyone without your written consent (although there have been some obliterations to this intent within the government sector, but that's for another thread) but it does not preclude anyone from asking you whatever they want - whether we like it or not, it's NOT illegal for them to ask this question on the application (perhaps it's morally repugnant, or perhaps not, depending on their true impetus for wanting to know). Everyone has to take some personal responsibility for educating themselves and knowing when a question is legally violating your rights or not and before everyone starts with the admonishments, please note that I'm not talking about from a moral perspective, but a legal one as it pertains to the HIPAA law itself. As so many recommended, I would just leave this blank. We can hypothesize from today until next week why they might want this information, but the bottom line is that it remains an unknown unless asked and as you said so well, the "sinister reasons" (I like that terminology) "are the most interesting ones".

Also, I'm curious as to why the majority of fellow members who responded to this thread automatically assumed that they're looking for individuals on psychiatric drugs? Does this not, in itself, support the unfounded stigma that anyone on a psychiatric drug must be a danger to society?
edit on 2/7/2013 by timidgal because: (no reason given)



posted on Feb, 7 2013 @ 05:36 PM
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reply to post by davjan4
 


Its not a HIPPA violation if the question is asked and the person its asked to answers. HIPPA is designed to protect confidential health information from 3rd parties. HIPPA is a quasi civil / quasi criminal federal law that is shaped by individual state laws. There are state law exemptions to HIPAA (in my state medical is required to report gunshot / knife woulnds as well as child / elderly abuse if it presents in the Hospital).

As for the partment complex asking, all a person needs to do is put N/A down and move on. There is no reason for a complex to be asking for that information. I would actrually report that to your local police / attorney general (depending on the state you reside in).

Thats right up there with asking renters how much money they have in their checking / saving accounts, which bank they bank with and asking for the routing number info.
edit on 7-2-2013 by Xcathdra because: (no reason given)



posted on Feb, 7 2013 @ 06:16 PM
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reply to post by Unity_99
 


You really don't know much about the constitution, do you? Bear in mind that when the constitution you worship was written, state-of-the-art medical treatment involved covering the patient in leeches in the hope of re-balancing the humours. There's nothing in the constitution about disclosing medical information.

To the OP? If it's a university thing, I would honestly just put it there. You're going to be spending a lot of time on campus, and if anything happens it might be good for responders to know what's in your system.



posted on Feb, 7 2013 @ 07:09 PM
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Originally posted by DaTroof
reply to post by AwakeinNM
 



I'm all for honoring rights, but if you had a condition which required regular medication, I would want that medication to be available to you. Keeping secrets helps no one when it comes to understanding health.



Sure, just inform the health office at your campus, along with your RA, as a VOLUNTARY measure if you are concerned about that kind of situation. However, a blanket question about what kinds of drugs you are taking is a violation of privacy. What do you think they are looking for? Anti-psychotics? Anti-depressants? Something to pigeonhole a person as a "potential danger"?



posted on Feb, 7 2013 @ 10:55 PM
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Originally posted by AwakeinNM

Originally posted by DaTroof
On-campus, school-built are the key words here.

Prescription drug abuse is rampant among college students, and this is a way to determine what pills are legally on their campus.


Irrelevant. It is none of their business.


It is if you want to go to school there. You have house rules I assume? I can't just walk into your house with a pocket constitution and do what the hell I want can I ?

No.



posted on Feb, 7 2013 @ 11:16 PM
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Not only is it none of their business, it is against the law even to ask the question. If the college is a private school, it is no different than your apartment manager asking you the same question. Not only do you not have to answer the question, you should not answer the question.

Here is a couple of questions you might ask them:

Can I see the results of the last HIPPA audit that was conducted at the school? How often are the audits conducted and are they internal audits or external audits? If the school receives a nickle on government, they are required to have their external auditor conduct such audits among others. If that is the case and its a public institution, you have the right to review the sections of the external audit that deals with PHI.

Can I see the policy, formally adopted by the trustees of the school that instructs you to ask these personal questions? Is it under their authority that you're asking them?

How are you planning to secure the answer to these questions, immediately upon receipt of the answers?

Were I to answer these questions, what are you going to do with the information? Where are you putting it, who has access to the physical or digital data, if you are transposing the information from paper records to digital, what is the distruction policy governing those physical records and is there an appropriate level of segregtion of duties with respect to that destruction?

Who is your PHI (personal health information) security officer (that role is required by law for any institution that collects PHI)? Who is that person accountable to, both their direct manager as well as the governing committee that such privacy officers report to?

In other words, tell them to get stabbed. They have no legal right to ask the questions, it is against the law for them to merely ask the question in that context. This is a person in a position of authority and as such the student is compromised.

I would call the school and raise hell and tell them to call their illegal dogs off.



posted on Feb, 8 2013 @ 07:09 AM
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Originally posted by Unity_99
I would put N/A on that spot if I was her. And add, this is an illegal question that violates constitutional rights.
edit on 7-2-2013 by Unity_99 because: (no reason given)


Unity.. back up...

1) It does not violate any Constitutional rights, it is however a violation of HIPPA which was a law passed by Congress but is not part of the Constitution.

2) I need to dig up the caselaw on it, but there was a case where a school asked that question and was allowed by the courts to do so because of the fact that they required students to use their medical facilities, however there were also releases that needed to be signed to comply with HIPPA.

Bottom line is not everything is Unconstitutional because you want it to be.



posted on Feb, 8 2013 @ 10:09 AM
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Originally posted by DaTroof

Originally posted by AwakeinNM

Originally posted by DaTroof
On-campus, school-built are the key words here.

Prescription drug abuse is rampant among college students, and this is a way to determine what pills are legally on their campus.


Irrelevant. It is none of their business.


As a student paying rent to a landlord who happens to also be the school, it is absolutely the school's business.


It is absolutely NOT the schools business. Nor is it your employers business (except under very specific exception), your banks business, your neighbors business, or anyone else who is not you or your medical provider.

Tell them that you take no prescription medications and be finished with it. They cannot legally obtain that information from any other source.

Now, that being said, should your daughter move into this residence she needs to be careful about her trash and what she leaves in view. Her best bet is to say "no thank you" to that residence and move along.



posted on Feb, 8 2013 @ 12:10 PM
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Originally posted by skepticconwatcher

Originally posted by AwakeinNM

Originally posted by DaTroof
On-campus, school-built are the key words here.

Prescription drug abuse is rampant among college students, and this is a way to determine what pills are legally on their campus.


Irrelevant. It is none of their business.


It is if you want to go to school there. You have house rules I assume? I can't just walk into your house with a pocket constitution and do what the hell I want can I ?

No.


You can if you want to get shot.

If you want to go to school there, you pay tuition. YOU are paying THEM. THEY are providing a service to YOU.

How about if they had a question on there about your sexuality? Are you gay? Will you be having sex with someone of the same sex in THEIR room? Why isn't that their business, too? Hey, there are homophobes out there who might tend toward violence, they might need to "protect" you from them, right? They can make up all kinds of rationales but it does not change the fact that it is NONE of their damn business what you do.

When you PAY for room and board at a college, you do not lose your right to be secure in your domicile, or your right to privacy. That is your home for the time you are there and you do not lose those rights for any reason. I suppose they can ASK, but they are going to get sued.

Would you get annoyed if you went to a restaurant and the waiter started asking you personal questions about your sex life? About what kinds of drugs you use? Why not? Doesn't he have a right to know if you might try to stab him with a fork and make some kind of determination that you are too much of a risk to serve? Seriously, how far would you take this argument?



edit on 8-2-2013 by AwakeinNM because: (no reason given)





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