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+--- Thread: Isn’t this against HIPPA? (/showthread.php?tid=7802)
Isn’t this against HIPPA? - Bummer Knees - 07-10-2009 04:43 PM
I went with my sister to the doctor today.
The appointment was to evaluate my sister for future medical treatment for her work comp injury
The doctor my sister saw was the appointed wc doctor that treated my right knee.
Most recently I saw this doctor for an IME eval.
Back to my sister……….
The nurse lead my sister to the x-ray room as my sister asked the nurse, “Why is an X-ray of my shoulder needed” The nurse told my sister, “Your sister has degenerative arthritis and the doctor want to see if you do”
Maybe I am wrong but I thought it was against the law for medical staff to discuss my medical information with another patient, don’t care if the patient is my sister.
Also the assumption is being made that because one family member has a medical condition another family also has it. My sister has open medical on her shoulder and this doctor told her he would not treat her shoulder, and told her to go to her family doctor.
This is the doctor that did her shoulder surgery.
RE: Isn’t this against HIPPA? - jayne - 07-10-2009 05:05 PM
mmmmmmmmmmm can you say lawsuit............in my opinion I would be pissed if my Doc discussed me with even my husband without my OK
RE: Isn’t this against HIPPA? - vickinat - 07-10-2009 05:36 PM
I do believe that it is a direct violation of the HIPPA laws. Unless you have signed something allowing your sister to recieve medical information about you. Do you know if your sister ever mentioned your condition when filling out health adn family questionairs? I know that many Drs. that I have seen have these forms that they look at for family issues before treating the patient. Just my opinion, but you may want to ask an attorney about this. Good luck sweety.
Love
Vickie
RE: Isn’t this against HIPPA? - Bummer Knees - 07-10-2009 05:50 PM
Thanks Jayne & Vickinat
I sat beside my sister & watched her complete the forums the doctor's office require of patients to complete, so I know for a fact there was no information given on family health.
It makes me mad that my medical informationis being shared without my knowledge or permission.
My fear is the insurance company will send me to this doctor for treatment as they have done in the past.
If this is done I will use what happened today and request in court a change of doctors.
RE: Isn’t this against HIPPA? - Tuffy - 07-10-2009 08:12 PM
I would think it is against HIPPA, When I was working it was against Hippa to even tell anyone on the phone if a person was even in our unit without the patients permission. That person could be in BIG trouble.
RE: Isn’t this against HIPPA? - Bad Boy Bad Boy - 07-11-2009 12:30 AM
Hummm makes me wonder, if it's HIPA or GINA Act here.
‘‘Genetic Information Nondiscrimination Act of 2008’
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ233.110.pdf
HIPA ACT
http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html
Understanding HIPAA Privacy
The Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.
RE: Isn’t this against HIPPA? - vickinat - 07-11-2009 02:42 AM
I would definitely ask your lawyer about this situation. Good luck. I too would be mad. I do remember when the hospital asked me if it was OK to let anyone that inquired what room I was in, but not anything about my condition.
Love
Vickie
RE: Isn’t this against HIPPA? - Cycler - 07-11-2009 06:54 AM
How about the Michael JAckson Dermatologists' HiPAA violations on Larry King ?
I don't believe there was a HIPPA violation in your case though. She is his nurse and he is a covered entity and covered entities must reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose.; i.e indication for x-ray. And it's not as if the whole world doesn't know you have DJD - you put it on the internet yourself.
RE: Isn’t this against HIPPA? - Bummer Knees - 07-11-2009 07:38 AM
Thank you everyone.
Bad Boy I will read the links you provided.
Cycler you are correct I have posted MRI & IME reports and they do list DJD.
But I do not share every medical detail with my family, including my sister, and that is my choice to make, not someone in a medical office.
My sister injured her shoulder and had surgery in 2002, she now had mild DJD.
The DJD did not show on X-ray at the time of the accident.
The fact that she now has mild DJD is the reason the doctor used for not providing future medical treatment, she has open medical.
RE: Isn’t this against HIPPA? - Cycler - 07-11-2009 08:16 AM
cat's out of the bag BUT it's still not a violation because it was limited to WHY he needed an x-ray..He Didn't give your entire medical Hx.