Advice about HIPAA issue

[MrsToad]

HIPAA doesn't only state who can, and under what circumstances, access a patient's information. HIPAA also states that patients have the right to request an accounting of with whom their information has been shared. I would think the OP, as some other posters have stated, could request the Privacy Officer provide a list of doctors who have accessed her DS' records. This approach would not get the daughter's mother in trouble unless her name is on the report.

Please forgive me for this, but I wanted to spell out the acronym to help remember it - HIPAA:

H=Health
I=Insurance
P=Portability
&
Accountability
Act

[hiwaygal]

Originally Posted by MrsToad

Please forgive me for this, but I wanted to spell out the acronym to help remember it - HIPAA:

H=Health
I=Insurance
P=Portability
&
Accountability
Act

Thank you!

(no snark!)

[Lorelei Lee]

A sound approach. You get the information you need, you determine if there's been a violation, and then you file a complaint.

Honestly, if the doctor did this over teenage drama, she deserves the repercussions. But otherwise, what purpose does it serve to exacerbate the drama and gossip?

[badblackpug]

Honestly, and in a perfect world it would work that way, but that is not how it will work, and that is not how hospital administration works.

When the OP goes to corporate compliance, or whomever, and requests a report the are going to want to know why. They know that she is not just requesting that information because she is curious.

Hospitals are very worried about litigation, the request will be an all out investigation. The Dr. will be questioned. Even if it is found that she didn't do anything, there will be the assumption that "something" happened.

For those of you saying she deserves it, regardless, because her daughter said it, that's really unfair. If this woman did nothing, why is she deserving just because her daughter acted like a typical teenaged girl? She had no control over the fact that her teen daughter spouted off at the mouth to impress friends. Especially considering the fact the kid probably doesn't understand HIPAA or it's ramifications towards her mother. She was, probably, trying to look like a big shot.

If the woman did look at the records, and was stupid enough to talk to a 15 year old girl about it, then, yes, she deserves to be punished, but I would tread lightly considering the professional ramifications this could have.

Just imagine if everyone believed every single thing one of our kids said about us?

[ColoradoDisneyFreaks]

Originally Posted by badblackpug

Honestly, and in a perfect world it would work that way, but that is not how it will work, and that is not how hospital administration works.

When the OP goes to corporate compliance, or whomever, and requests a report the are going to want to know why. They know that she is not just requesting that information because she is curious.

Hospitals are very worried about litigation, the request will be an all out investigation. The Dr. will be questioned. Even if it is found that she didn't do anything, there will be the assumption that "something" happened.

For those of you saying she deserves it, regardless, because her daughter said it, that's really unfair. If this woman did nothing, why is she deserving just because her daughter acted like a typical teenaged girl? She had no control over the fact that her teen daughter spouted off at the mouth to impress friends. Especially considering the fact the kid probably doesn't understand HIPAA or it's ramifications towards her mother. She was, probably, trying to look like a big shot.

If the woman did look at the records, and was stupid enough to talk to a 15 year old girl about it, then, yes, she deserves to be punished, but I would tread lightly considering the professional ramifications this could have.

Just imagine if everyone believed every single thing one of our kids said about us?

If the administration asks why, the OP just has to say I'm verifying who has had access to my son's information. There doesn't need to be any additional information provided.

[badblackpug]

Originally Posted by ColoradoDisneyFreaks

If the administration asks why, the OP just has to say I'm verifying who has had access to my son's information. There doesn't need to be any additional information provided.

Okay, because they won't pressure her. Ever.

Honestly, I know how this works, like I said, in a perfect world....

... but that's not the reality.

I'm just saying, it won't be as easy and cut and dried as everyone makes it.

[Lorelei Lee]

Originally Posted by badblackpug

Okay, because they won't pressure her. Ever.

Honestly, I know how this works, like I said, in a perfect world....

... but that's not the reality.

I'm just saying, it won't be as easy and cut and dried as everyone makes it.

If pressured, my response would be something like "I don't want to ruin a good person's reputation if my suspicions are unfounded," and I'd stick to my guns about what my rights are.

[badblackpug]

Originally Posted by Lorelei Lee

If pressured, my response would be something like "I don't want to ruin a good person's reputation if my suspicions are unfounded," and I'd stick to my guns about what my rights are.

I'm just being honest about how it works. She will have to sign paper work to get the records. The will pressure, they will call, they will have multiple people call. They will sound concerned and caring, like they are trying to help. There will be a big investigation and a chart audit in CYA style even if she doesn't give a reason.

I'm just preparing people for the truth that it won't just be a phone call saying "I want a record of everyone that accessed the records."

[okeydokey]

Originally Posted by badblackpug

I'm just being honest about how it works. She will have to sign paper work to get the records. The will pressure, they will call, they will have multiple people call. They will sound concerned and caring, like they are trying to help. There will be a big investigation and a chart audit in CYA style even if she doesn't give a reason.

I'm just preparing people for the truth that it won't just be a phone call saying "I want a record of everyone that accessed the records."

How do you know that is what will happen. And so what? She is under no obligation to tell them why.

I would totally request the records, that is what the law is for.

[sunshinehighway]

Originally Posted by badblackpug

I'm just being honest about how it works. She will have to sign paper work to get the records. The will pressure, they will call, they will have multiple people call. They will sound concerned and caring, like they are trying to help. There will be a big investigation and a chart audit in CYA style even if she doesn't give a reason.

I'm just preparing people for the truth that it won't just be a phone call saying "I want a record of everyone that accessed the records."

None of that is her problem nor should it be her concern. She has every right to find out if this happened and she shouldn't feel bad about how the hospital handles her request.

[ZellyB]

Originally Posted by badblackpug

I'm just being honest about how it works. She will have to sign paper work to get the records. The will pressure, they will call, they will have multiple people call. They will sound concerned and caring, like they are trying to help. There will be a big investigation and a chart audit in CYA style even if she doesn't give a reason.

I'm just preparing people for the truth that it won't just be a phone call saying "I want a record of everyone that accessed the records."

That's not at all how it works in our hospital. As a PP stated, if OP wants she has the legal right to simply ask for a listing of anyone who has accessed her son's chart. Yes, she has to come in and sign for it so the hospital can make sure she is who she says she is, but that's it. So, she doesn't even have to lodge a complaint and can look for herself.

I've been involved personally in several complaints placed through our privacy officer when they are trying to determine if there was an inappropriate access. In the vast majority of cases, I'm able to determine if my staff member had reason for looking at the chart, and if appropriate I tell the Privacy Officer so and that's the end of the story. The employee never knows anything about it. The employee is only questioned if there is no clear work-related reason for them to view the chart. If this doctor never looked at the chart, the Privacy Officer can quickly determine that and it will be the end of the story.

[OceanAnnie]

Originally Posted by sunshinehighway

None of that is her problem nor should it be her concern. She has every right to find out if this happened and she shouldn't feel bad about how the hospital handles her request.

ITA. The OP has every right. I would want to know if someone was larking about in my child's medical records and speaking about it. Bottom line is I would want to know. Her child's medical records are off limits to anyone that doesn't need access. If there is ANY suspicion after all her son has gone through, it should be followed up on. He's been assaulted by a peer, harassed by some girl throwing out what she knows about his records. She and her son does deserve to know if it's true. If it is, the doctor deserves whatever the HIPPA law states.

There is nothing wrong with finding out. The OP could state it was something the doctor's daughter told her son and she wanted to know the truth. If the doctor didn't do it, the daughter would get a stern talking to, if she did well then let the chips fall where they may.

I wouldn't stand by with the possibility of my child being a victim of something like that and not do a thing. He's already been assaulted and missed how many days of school. Oh no. That would be it. I would HAVE to know.

What would be wrong is to not investigate.

[sookie]

Originally Posted by OceanAnnie

Op, what is the school doing for your son in this situation? It sounds like he has a terrible situation. I'd report the girl to the school guidance counselor. HIPPA violations are very serious and she should know she is jeopardizing her mom's job by repeating private information. You could request that the counselor leave you out of it, and just say it was brought to her attention that she is speaking about another student's medical condition (maybe others overheard her and/or she has spoken to others about it) and how unethical and serious it is.

What did the school do about the assault? Does your son have a plan to keep this from happening to him again? Some school counselors have the victims of assault accompanied at all times in the school. It does help to thwart further assaults. Oh, and I would file assault charges. Maybe then the boy will think twice before sucker punching your son again.

Lastly, I would want to know. As others have stated, speculation is one thing. I would want it confirmed one way or the other. Leave it open ended, stick to the facts as you know them, and ask for an investigation. Also request a follow up with you on the matter. If the doctor didn't do it, great. If she did do it, it's out of your hands. Hospitals have protocols for this. The doctor of all people, knows it.

Good luck. It sounds like your son has really been through it.

I would go down this route.
I wonder if your son talked about his condition since it came up a month later. Most of the kids I know walk out of the ER knowing what happened to them - if they have concussion or not, how their CT was, and what their instructions are. If they are in sports - we are VERY clear to them that even if they have a clear CT that they cannot play until they are cleared by their PCP. And that they will be out of sports for several weeks and school for several days.
This ticks them off royally. They do not understand why they cannot play (sports especially) with a "clear CT". The mothers, fathers, and the sons will almost always ask us multiple times why they cannot play with a clear CT even if they have a pounding, screaming headache - they want to play sports.
Anyway - I don't want to get off track but we will always talk to them about their results. So it is possible that concerned teens talked to your son about his test results - by way of asking how he felt. They probably wanted to check on him. Maybe he told other kids about his test results. Maybe word got around he had a "clear CT" or whatever and then he turned around and got teased about it.
Maybe a situation like that could have been what was leading to the current situation. Then this girl tried to lend credence to her gossip by saying "my mom is a doctor!"
I would report it to the school, not the hospital. Start there and then move forward.

[Disney Doll]

Originally Posted by eliza61

Yes she can also decide to get an attorney and sue op for defamation of character (just taking it to an extreme)

Remember folks the daughter can easily say, "I never said any thing at all". Why should ER mom believe some random 16, 17 year old over any other.

Folks lets remember op did not directly hear this. she is getting this 2nd, 3rd possible 4th hand.

Her son told her, not to say he is lying but he too might be ramping this up, after all he is not totally unemotionally involved. On top of that he has said he really does not talk to this girl.

How is he going to prove to ER mom that her daughter is spreading a rumor?

Everyone here is automatically assuming that this "girl" definitely said what supposedly she said. with absolutely no proof.

Call me crazy but if you come to me accusing my son of starting a rumor you'd better have some thing more than, "well sally said, that john said that billy told him".... which is all op has.

It's simple. The OP calls the privacy officer and says "I'd like a list of every person who electronically accessed my son's medical record". The Privacy Officer provides this information. If the ER MD mom's name is on the list, there is the answer. The electronic footprint does not lie.

The OP can then decide which steps she wants to take next, if any. She can then file a formal complaint again the ER MD mom or she can choose to speak to her directly.

I would urge the OP not to make any kind of statement/accusation until she has the facts... ie-the report from the Privacy Officer listing who electornically accessed the medical record.

It's hard to sue someone for defamation of character when they can actually prove that you did what they said you did.

[badblackpug]

Originally Posted by okeydokey

How do you know that is what will happen. And so what? She is under no obligation to tell them why.


I would totally request the records, that is what the law is for.

Been there, done that. Some people don't respond well to pressure tactics. I'm just letting you all know that it isn't always "just that easy."

Originally Posted by sunshinehighway

None of that is her problem nor should it be her concern. She has every right to find out if this happened and she shouldn't feel bad about how the hospital handles her request.

I agree, I'm just telling people that it isn't always, again, "just that easy." Hospital administration is very in tune and very worried about the possibility of a law suit. They will go to any end to head one off. Again, been there, done that.

Also, the OP's son is having backlash at school for just this kid getting in trouble, just imagine if he is now the kid that is trying to get Suzy's mom fired. I wouldn't go accusing unless I thought the probability was high that it was true.

Originally Posted by ZellyB

That's not at all how it works in our hospital. As a PP stated, if OP wants she has the legal right to simply ask for a listing of anyone who has accessed her son's chart. Yes, she has to come in and sign for it so the hospital can make sure she is who she says she is, but that's it. So, she doesn't even have to lodge a complaint and can look for herself.

I've been involved personally in several complaints placed through our privacy officer when they are trying to determine if there was an inappropriate access. In the vast majority of cases, I'm able to determine if my staff member had reason for looking at the chart, and if appropriate I tell the Privacy Officer so and that's the end of the story. The employee never knows anything about it. The employee is only questioned if there is no clear work-related reason for them to view the chart. If this doctor never looked at the chart, the Privacy Officer can quickly determine that and it will be the end of the story.

This may be how you handle it, or how your institution handles it, but this is not how it is handled in all institutions. Where I work, as soon as there is ANY complaint every single person that had ANY involvement with the patient is questioned.