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A question for HIPAA experts, please - Old Pro

Posted: Jan 26, 2012

I just had a rather unsettling experience and would like some feedback. If I am wrong, please let me know that, too. I had been to my M.D. for some diagnostic tests. I was out this morning and when I returned, the doc's assistant had called and left the information--including my test names and results--on the answering device for my phone. We have household help and I am not the only family member who lives here. No one else was in my house at the time, but I just felt that she should have left a number for me to call. I guess my bottom line is that I would rather not have my medical information left on a machine where either my housekeeper or other family members can hear. Am I just being an old fuddy duddy? I thought perhaps there would be someone on here who has experience with this and could set me right. Thanks in advance!

agree - sm

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I would consider a message like that to be wildly inappropriate, to say the least. Given the lack of attention to detail on the part of the caller, one wonders what would have happened had she called the wrong number.

Agree - carolinamt

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I have recently went to several specialists and at each one I specifically remember signing whether they are allowed to leave a message on the answering machine and exactly (by name) who they are allowed to leave any information with (if I am not available). I think it is very inappropriate if you had not signed such a release for verbal information to be left on an answering machine or given to another person. I agree what if it had been the wrong number?

Agree - Old Pro

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What instead of basic old lady tests, I had been having an HIV test and is were positive? It was not an HIV test, but still......

exactly - nm

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Messages... - Cathy

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It is not appropriate for them to leave your medical information on your answering machine unless you have given them prior permission to do so for the reasons that you stated (other people could have played the message besides you or heard the message being recorded).

Cathy - Old Pro

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Exactly. I have a housekeeper and we trust her implicitly, but still we do not want her hearing our private business.

HIPAA - MsMT

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That is just wrong, wrong, and wrong! The office assistant must be new or misinformed. Medical information cannot be handled that way. If anyone can hear it, it isn't very HIPAA compliant, now is it? Better give them a heads up before they get in trouble. Sheesh...

Phone message - sm - anon

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I cam home to find a message from an MD in Kentucky (I live in NY) to have my child (the name was given) to come in for update on his shots!!. They left the number to call for an appointment, so I called them and told them they had not reached the right person(s). Needless to say, there were somewhat disconcerted and thanked me profusely for letting them know. Thankfully it wasn't test results!!!

Sounds like they have been watching too much General Hospital - Happy MT Robin

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What they did was a huge violation of your privacy and HIPAA and you should call the office and talk to them about it.

Happy MT Robin - Old Pro

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When I go in next month for an appointment, I am going to take a types request on my letterhead, stating that they are welcome to leave their name and number, and let me call them for any results. Thankfully, these were just benign kinds of tests, but can you imagine a different scenario--what if you were HIV or what if you had an STD or a preg test or something like that and you just did not want the whole world to know? (Not that a 70-year-old lady is likely to get pregnant, laughing here.) But it is just the idea. Our house is not that large, just a modest two-bedroom place, and anyone who is home at the time could likely hear the message. Thankfully our Dobie does not understand English (at least, I think he doesn't), and he was the only one home at the time, but it just kind of rankles me. Guess I am getting extra grouchy in my old age! :)

It is absolutely a HIPAA violation. - Just me

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I work at a hospital part-time and every year we have to go through updated HIPAA training. I just had my training last week and this is one of the things the talk was about, leaving messages. Technically, all they should have said on the answering machine was "This is nurse Susie from Dr. Joe's office. Please return our call at 555-5555". Their message should consist of name and return phone number. Nothing about tests, etc.

For an example, my father recently passed away. I was on the phone with the mortgage company (long story. An issue came up was not aware of). She told me that even though I live in the home and am the person handling all of the bills, etc. that technically because my name was not on the list as a person to contact that she could not give me any more information because it violates his privacy. I was surprised. Even violates privacy of someone deceased.

This needs to be brought to the physician's office attention, either the office manager or the doctor themselves, immediately.

Just me - Old Pro

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The office manager thought that because it was my personal phone, it was fine. I told her, no it was not fine, it was ACTIONABLE and they needed to tighten up on their HIPAA compliance. The physician I see is so wonderful I would not consider changing, but I am going to have a word with her when I see her next. I am seeing more and more than many of the support staff in doctors' and dentists' office are really ignorant about HIPAA. Scary.

HIPAA Redux - Old Pro

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A few minutes ago the doctor's office called me to ask if I wanted a copy of the tests. I told them that under no circumstances should they leave medical results on a phone--ANY phone. The practice manager (not a physician, just a regular person) came on and wanted to argue with me. She said that since it was a home phone she did not see anything wrong with it. I asked her if she realized it was a HIPAA violation. She finally admitted she did. She was really hostile and defensive about her office having done it. It is a conundrum because the physician I see there is wonderful, but her staff seems not to get it. Anyway, I think I made my point, but it is scary to see this level of ignorance out there. (Climbing off soapbox now.)

officious staff - sm

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I cannot stand the officiousness that seems to run rampant in medical offices today. How dare the practice manager argue with you!

Don't they know for you to sign a form? - anon

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At my doctor's office, we sign a form with how the office can deliver information. They specifically ask each one, like whether they are allowed to leave a message, or email, or fax, or U.S. mail. It's all very detailed and then kept in our chart.

Good for you, Old Pro - parrothead

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Bravo! This was so wrong.

A few months ago, I had a visit and my FNP had me have a TSH done. It was smack dab in the middle of normal, and I had gotten a letter telling me so. I didn't mention to my hubs simply because he wouldn't have a clue what it meant anyway. He had an appt w/ the same provider a month or so later and discussed my result w/ him. WTH?!?

Parrothead - Old Pro

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Wow. I hope you corrected them. I think I am maybe hypersensitive to the issue because I do a lot of volunteering in the AIDS community. As you can imagine, that kind of information is very confidential, so I have always gotten used to the idea that ALL medical info is confidential. I knew one man (now dead) who was a psychologist who feared that if word got out that he had AIDS he would lose his practice and therefore his livelihood. Most people in California are pretty good about minding HIPAA. I think the woman who called thought that since it was a normal test and a routine kind of test there was nothing wrong with leaving the mesage, but still. What if next time (God forbid) it is an HIV test or the like? That is highly unlikely, but I think of what could happen. My bottom line is that the rules are there for a reason and a medical assistant should not be making decisions about what is okay to disclose and what is not. HIPAA is very clear about it all. Frankly, I was more irked by the tone of the office manager than anything else. I guess courtesy is on the way out.......

I don't think there is such a thing as hypersensitivity about privacy - Happy MT Robin

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I work part time for a counseling service and when we are calling a client, we don't even give the name of the practice since it has the word Therapy in it. I usually say I'm from "Jane Doe's office" or since we are housed in a church we sometimes will say we are from "Heights Church" and then give our name and a callback number.

I've seen clients in the store and have not acknowledged them until and unless they make a move towards acknowledging me.

Work for a doc office (sm) - We do

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When the patient first comes to the office, there is a form to fill out saying that you do not want messages left on your answering machine, or messages left with whomever answers the phone (i.e. family member). We call every single day to remind patients of appts, and leave messages on the answering machine unless they have specially checked of no on the sheet.

all my docs make me sign a form for that - mt2

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They even go so far as to have space for me to name who CAN be given my info, how much info, etc. So I'd have a talk with your MD.

Every doctor I go to has a form to - alana

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fill out with who can say what to whom about your medical care, and whether they can email, fax or leave a message on an answering machine.

But permission to leave a message does not mean they - Just me

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can leave specific information on the phone to another person or answering machine. Our doctor's office mails a card that says "Your results have been reported to our office. Please contact us to discuss the results". They will leave a message like "This is Sara at Dr. Sylvia's office. Please have Susie call us at 333-3333".

You can go to the AMA's website, and they - have a pretty neat

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FAQ section for HIPAA. It answers a lot of the common questions. It looks as though it would be against HIPAA unless you had signed something specifically stating it was okay to leave messages with information such as test results, etc. I have seen this listed on paperwork before.

HIPPA violation - Emerald Green

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I have been wondering whether it is a HIPPA violation when a dictator is dictating information on a patient with a room full of other people chatting and makin noise in the background. Even if they are healthcare professionals, my understanding is that the information on a patient is only to be read/heard by the people directly involved and should not be heard by passerbys! If, I am correct, then aren't all these dictators violating HIPPA big time?

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