Flo is asking Dr. Escobar some things that she cannot tell her without violating HIPAA laws, meaning the patient privacy laws that everyone has to sign a paper about when they see the doctor in order to acknowledge they know that their private health information will stay private! She wants to know specifically how long Sally has to live and what to expect as she declines.
She wants to be prepared and wants Wyatt Spencer (Darin Brooks) to be prepared for when Sally declines and eventually dies. Flo also, however, has a little bit of suspicion that Sally may be faking – although she doesn’t want to let on that she thinks that. She can tell that Sally is tense – and stressed out – but she just simply doesn’t look that sick! But then, if it is something like certain kinds of cancer – people don’t look sick on the outside.
Not every cancer makes a person lose weight or appear pale. Some just crowd out peoples’ vital organs and choke out their blood flow until their hearts no longer have any blood to pump and they die, or the organs themselves fail and they die. Flo can’t understand why Sally is not getting treatment and why she is refusing it either. She knows this from Wyatt. And Flo is going to hound Dr. Escobar until she gets some kind of answers!
According to the Center For Disease Control, or CDC, The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.
This means that for Dr. Escobar to share any of Sally’s health information without her express written permission, could make Dr. Escobar liable for violations of the HIPAA laws, and she could be censured for it – meaning that if Sally complains, Dr. Escobar could lose her license. She explains all this to Flo and suggests if she wants to know more details about Sally’s condition and how much longer she has to live, she will have to ask Sally. This is not what Flo wanted or expected to hear, although she is not greatly surprised.
She explains that she and Wyatt need to know what to expect as Sally declines and how they can help her, or when they need to overrule her wishes and call for help – she approaches it from the standpoint of being a potential caregiver. Dr. Escobar still can’t tell her very much – except that most terminal patients need more specialized help than a caregiver is equipped for towards the end of their lives, and for most of her terminal patients she suggests hospice care. Flo realizes she’s not getting anywhere with the doctor and she decides to try asking Sally as the doctor suggests!
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