PETITION FOR THE RIGHTS OF MENTALLY CHALLENGED ADULTS PERTAINING TO THE HIPAA LAW

PETITION FOR THE RIGHTS OF MENTALLY CHALLENGED ADULTS PERTAINING TO THE HIPAA LAW

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My name is Trina Vargas. I am the Mother of Rachel Ovitt. Rachel has been diagnosed with many ailments starting from the age of 8 Years old. She has been dealing with many Mental Disablities throughout all the years. She is diagnosed as Paranoid Schizophrenia, Autism, Biopolar and Manic Depressant. My daughter is 48 years old now and technically in the States eyes she is a grown adult and is able to make all decisions pertaining to her health care. On March 11 ,2020 my daughter was taken by Paramedics to Marshall Medical Center in Placerville. After examining her they listed her as 51-50 and she was held in the Emergency Room for 72 hours. I was able to see her just on the day they first diagnosed her. 72 hours later they moved her to Telecare in Placerville. Its a Facility for Mentally Challenged Patients. They kept Rachel there for 14 days and released her to a Gentleman that runs a Room and Board Home in Sacramento California. He has no experience with Mentally Ill patients. This transition was done on March 26,2020. As soon as Rachel arrived at this new home the Gentleman had drawn up a Rental agreement for $750 rent for a room and $250 deposit which he than made my daughter sign. My daughter was Mentally impared and did not realize what he had her signing. I talked to my daughter for a brief moment and had not heard from her for the rest of the day. On March 27,2020 I recieved a phone call from this gentleman pleading with me to talk to my daughter and calm her down. As Rachel got on the phone she cried and told me that she dont know where she is or who these people are. She had said that those people inside were holding her down against her will. She flat out said that she did not want to be there. She also told him that she wanted to die. The gentleman than got her in his car and drove her to the nearest Hospital which was Sutter Hospital in Sacramento. He claimed to be her Landlord and wanted to drop her off claiming she was 51-50. The Hospital kept her for a 72 hour hold. The duration of her stay I was able to speak with her on several occassions. On March 27 ,2020 I called the Hospital and asked for my daughter which they responded that she was discharged. I asked who was she discharged to any they said they couldnt tell me any information and that all they can say is shes discharged. I been calling Hospital after Hospital looking for my daughter and got no response due to the HIPAA Laws. I called Elderado Countys Sherrifs Office in Placerville and filed a missing person report. I been going frantic ever since because I know my Daughter does not know her way around Sacramento and is very gravely Mentally disturbed right now that she dont even remember my Phone Number. Its been a total of 5 days now tha I havent heard from my daughter. I am in the process of filing Conservatorship papers for my daughter but how long will that process take I do not know. Please change a clause in this Law that gives Parents like me the right to speak to any Health Facility and they must give me a simple Yes or No if she is at that Facility. Once our Mentally Challenged Chidlren become Adults we have no say about the care they recieve. I know that my Daughter Rachel cannot speak or think for herself at this time. Shes been like this for the duaration of the last 2 months. Please find it in your Heart to hear my desperate Plea and bring my Baby Girl Home. Thank you for your time.

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