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Well, so much for HIPAA law - Makes ya wonder

Posted: Feb 04, 2011

My husband went in to have blood tests done for a new blood pressure medication he is on and when he left the house to get an RX filled, the nurse from the doctor's office called to tell him the results of his blood tests. Out of curiosity (testing the HIPAA thing), I asked her if his potassium level was okay and SHE TOLD ME that all his levels were fine except blood sugar was a little high! Not only that, I then asked her what new medication had been prescribed and SHE TOLD ME THAT ALSO! Mind you, she did not know who she was talking to, I had not identified myself as his wife and she did not even ask who she was talking to! Even if she knew I was his wife, she still legally should not have given me any information at all.

my doctor's office have you fill out a form when you first start seeing them for HIPPA and ask - cindy

[ In Reply To ..]
if it is okay to give results to anyone else besides ourselves and we both have each other listed and the children as they are 20 and 17 now, so it is okay for them to give the results if he filled out something in the chart. But should have asked who you were unless they see you all so much they know you.

That is what shocked me, my husband - Makes ya wonder

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did not fill this form out. He rarely goes to the doctor and I go once a year to another doctors office for my 10,000 mile checkup. My husband only saw this doctor once there and the other 2 times he only saw the nurse, so nobody there knows us well. The only reason he was there was because his blood pressure showed up high on a physical he had to take for his CDL license and the medication they first put him on was not working out, so they wanted to do blood tests to put him on another type of BP medication, he never saw the doctor today, just the nurse. Again, she did not even know who she was talking to when she gave me this information.

I don't know if I should just leave this alone, or maybe go over there and talk to the nurse herself about it. I really don't want to cause any trouble over it, but she could possibly lose her job if someone else decides to make a big deal out of it if this is an ongoing thing she does. Some people may have health issues they do not want their spouses or other family members to know about. Should I just mind my own business or should I say something?

Interesting issue - sm

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This makes me wonder if any information at ALL should be given over the telephone. I mean, just because I SAY I'm me doesn't mean it's so. Perhaps doctors' offices should require that people come into the office in person with identification to learn results of tests.

I live in a rural area, and my general practitioner's receptionist and office staff sit behind a very low desk. A lot of information is visible when a patient signs in... patient names, prescriptions, open charts, etc. I haven't bothered to say anything, although I have considered it.

There are times when it really needs to be given - to someone, and the patient

[ In Reply To ..]
is not available. When I worked at a doctor's office, we always recommended that they list someone as it becomes a huge problem with labs and referrals if someone is not listed, not to mention the liability for the doctor's office also when the patient never got their pulmnology appointment for the small lung mass that is now large, etc.

I started in a doctor's office back in 2003 and all that I have worked and have been to have some sort of place to list people to contact.

I also have a super memory. I would have people call and ask for an appointment. They would never even give their name and call back saying they never gave me a name. They didn't have to because I knew them. I knew their insurance, their copays, most of their health problems, not because they were there that often, just because I can remember.

I have seen instances in divorce where HIPAA is needed, and I have also seen issues where it is your worst nightmare with life or death situations.

Issue - Anonymous

[ In Reply To ..]
My doctor's office will call and leave a message for me to return their call, they've never given info to anyone else. I seriously doubt if that nurse/MA is doing anything intentionally, probably just extremely busy and trying to expedite things. If your husband didn't sign a release/confidentiality statement when he checked in there is a problem anyway because that definitely has to be on file in the patient record. If you want to pursue this, make sure you have all your facts before going in there and accusing people of HIPAA violations. There is a hotline where you can report things confidentially, they could tell you if a breach occurred. I personally would let it go, but it's up to you.

I agree with you, and note for the OP too - see message

[ In Reply To ..]
DH's doc calls and gives me information about my husband...no big deal. Maybe DH told them in the office they could speak with me. They know I'm his wife when I go to the office and talk to them while DH is in with doc. Don't know, don't care, we just need the info they are providing.

It's extremely important to know the facts before accusing anyone of anything.

To the OP, I'd call them back and ask them if there is a form in the system allowing them to give the information to other members in the family. If not, ask them to send you one to fill out and have in their records just to be safe.

Confidentiality - This Stuff

[ In Reply To ..]
I'm always amazed at how most doctor's offices have the phones right at the front desk. When I'm in the waiting room, I can hear everything they are saying when talking to another patient. "Front desk" stuff is usually insurance related, but it's still none of my business and it does involve a certain amount of confidentiality breach, it would seem. I know the patient's name they are talking to, and which claim didn't go through, etc. I have also heard, "and what did you want to see the doctor about?" That, to me, is a breach.

They can only do so much. You have 1 to 2 - people working in the front

[ In Reply To ..]
usually, check in and check out. The check out people are handling the ones coming out on one side of the front office, and the check in are handling the ones coming in on the other side.
A doctor's office is usually an extremely tough place to work. You can't take each person back individually in a sound proof room to ask them about what they are there for. If the patient answers, there should be no breach as they could always say I would rather discuss it with the nurse or doctor. Usually, they are just wanting to make sure they have the right amount of time alloted for the patient. The doctor's do get very upset about this if it is not correct. As far as insurance goes, if they are just talking about the claim and not diagnosis, it shouldn't be a problem.

I am beginning to wonder if they are going to have to start putting separate holding rooms for patients waiting so no one even sees each other.

They had better figure out how to do more than "only - so much." This is the law. nm

[ In Reply To ..]
x

Which part exactly is the law? Most doctor's - office do try in every way

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possible to abide by the law. When I sat through required HIPAA classes, I was surprised. It really does not go as far as a lot of people think with some of these issues.

Speaking with someone about their insurance claim being denied at the front desk is not against HIPAA. Asking them what they need to be seen for is not against HIPAA.

You cant disregard a law b/c is inconvienent or time - consuming. nm

[ In Reply To ..]
x

Right, so what is the law? Are people disregarding - it, or do others really not know

[ In Reply To ..]
the HIPAA laws.

Example, poster above was talking about the receptionist asking a patient what they are there for in the waiting room being against HIPAA. HIPAA is to keep information private, not a law to compromise healthcare, which is exactly what people are trying to turn it into. If you have a patient come in and don't ask them what they are there for, well that is a huge problem. What if they are having a heart attack? What if they are having a stroke?

I had someone that I neglected to ask on one occasion a person who was in complete renal failure. He sat out in the lobby quitely until his turn, and then this person who was quite young came back with his blood pressure extremely low and went straight to CCU. That is a problem.

I dont know the law but know that if one who does goes - to office and sees a breach of HIPAA, SM

[ In Reply To ..]
saying you havent changed practice cause it was inconvenient or time consuming, isnt gonna cut the mustard.

I DO know the facts, there is no form in their system - Makes ya wonder

[ In Reply To ..]
and my husband did not tell them they could tell me anything, and they do not know me from Adam. Like I said, I do not want to cause any trouble for anyone, just thought maybe I should talk to the nurse herself so she does not lose her job if someone else decides to take issue for the same thing.

Then kindly ask them to send you a form to fill out - Its really a no-brainer

[ In Reply To ..]
At least to me. If there is no form then ask them to send you one. Maybe ask them what their policy is regarding patient information being given to family members. You say you don't want to cause trouble but it is sounding like you do.

If you are so concerned with her not losing her job, then I would kindly ask them what their policy is and get a signed form in the records if it bothers you that much.

No, I do not want to cause anyone to lose their job - Makes ya wonder

[ In Reply To ..]
or anything like that, just wondered if I should say something to this nurse in person so that someone else does not report her and she lose her job. We do not have medical insurance at the moment and will use another doctor's office from now on due to this. I will not report it to any hotline as not that big a deal to me.

It obviously is a big deal to you as you are posting - it as a topic on here

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due to this. If it was your husband that is the patient, he is the one who should complain if there is any complaining to be done, not you.

I probably would not ask a nurse for information either about my husband again if I were going to get upset that she gave it to me.

This is the perfect post for here. Who more than us are interested - in HIPAA? Different opinions are good. nm

[ In Reply To ..]
x

From the looks of the some of the opinions, it seems - that some of the healthcare

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professionals need to be doing a little more studying into it. I'm actually a bit surprised.

To OP - Anonymous

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I was curious about all of this so went to the HHS/OCR website and found the section in regard to reporting HIPAA violations. I would suggest reviewing the FAQs and other info, I think you might find it helpful. From what I can determine, I don't think a violation occurred. There are rules governing sharing info with family members if those family members are involved in the patient's care or share responsibility for the bill. You might want to check with the facility in regard to the signed form, it may be included in the document that gives them permission to treat. Again, something should have been signed when you checked in. The employee in question probably would not lose her job, but she and/or the facility would have to pay a huge fine. Just be careful before you do anything.

Thank you - Makes ya wonder

[ In Reply To ..]
I have already decided to just leave it alone and not do anything. I do think she should have at least asked who she was talking to. I merely posted because I wanted to know what others thought about it to decide whether I should talk to the nurse or not. I did not think I would get some of the nasty comments and judgments, geez.

Thank you for the information about the HHS/OCR website and the example of how a post should be made to someone just asking a simple question, now I don't feel like I am back in high school with immature teenagers and bullies.

Makes ya wonder - Old Pro

[ In Reply To ..]
If that had happened to me, I would be calling his doctor, asking to speak to him (or her) personally and relating what happened. That is outrageous. Okay, a blood sugar might not be so serious, but what if she does that with someone's HIV test or something like that?

Old pro - Anonymous

[ In Reply To ..]
You also might want to check out the HHS web site in regard to HIPAA, see my post addressed to OP. There are special rules covering HIV patients too. I think you're blowing this out of proportion. According to the FAQs on the web site, HIPAA rules permit sharing of information with family members over the phone, she never shared anything with strangers.

Don't forget if it happened to be a positive - communicable disease

[ In Reply To ..]
such as HIV it would be reported to the health department, and then, if the doctor's office hadn't already told your spouse, the health department would be glad to along with contacting people from the past also.

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