Advice about HIPAA issue

Discussion in 'Community Board' started by Tam1067, Jan 24, 2013.

  1. chloelovesdisney

    chloelovesdisney DIS Veteran

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    Without having read all the pages of replies since last night, Privacy Officers are pretty good at handling requests with discretion (in my experience). If they can't do that, no one can. I've both submitted requests, and been contacted regarding possible violations by others (to confirm that they had reason to be in the record). It's always been handled in a confidential matter, and leaking the information would hold serious consequences for myself. In all but one case no wrongdoing was found, and that was the end of the matter.
     
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  3. chloelovesdisney

    chloelovesdisney DIS Veteran

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    I've dealth with inquiries before, there's never been ANY gossip. It's always been treated in a strictly confidential manner, as it should be. If a Privacy Officer is giving out this information to others, they need to be replaced.
     
  4. chloelovesdisney

    chloelovesdisney DIS Veteran

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    I'm not sure why you think the OP has to make an accusation. The list of those that have logged into her son's records will show her name, or it won't. There doesn't have to be an accusation, she only needs the list of who logged into the record.
     
  5. chloelovesdisney

    chloelovesdisney DIS Veteran

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    Ditto.
     
  6. JusbKoz

    JusbKoz Mouseketeer

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    Like the previous poster I haven't read all of the post. Yes you can look at other sister systems. BUT another possibility is she could of requested copies of his cat scan (the films)and sent to her by a courier. She may of never actually seen the films but called the Radiologist group that read the films and discussed the case with them and or called and got a copy of the medical report. All this is easy to do if you are a medical personnel from any hospital. Not to long ago a bunch of medical personnel got fired over accessing medical records of some famous people.
    The way the story was told it sounds like the doc did look at some kind of info on the son. If doc knows both parties involved and was a friend with the family that had hit her son I wouldnt put it pass the family to ask the doc "look" into it for them. Just in case there was a civil suit. Would the doc risk doing this and the discuss it with her daughter?? I would say Yes because I have worked with over hundreds of doctors and believe it or not they are not the angels that patients tend to hold them up to be.
     
  7. Disney  Doll

    Disney Doll DIS Security Matron

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    But again, if the mother did not access the chart, she would not be involved in any investigation that the hospital might do.
     
  8. Disney  Doll

    Disney Doll DIS Security Matron

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    The simple response to multiple inquiries is "I'd appreciate it if you'd just fulfill my request as to letting me know who accessed myson's chart".

    Just because someone asks you a question doesn't mean you have to answer.
     
  9. Dan in Florida

    Dan in Florida Earning My Ears

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  10. basketrn

    basketrn Please stand clear of the doors...Por favor manten

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    If the child is telling the truth about his mother it is indeed a HIPAA violation and the hosptial should be contacted. I would imagine they have electronic medical files...so they will be able to see who has viewed his medical records. Contact the hosptial HIPAA/privacy officer.

    I have been a RN/NP in the hospital setting for 13 years (mostly in ER) and you would be very suprised to know actually how many health care providers access medical records of patients they are not caring for! We aren't even allowed to access our own personal records where I work.
     
  11. DisneyATlast

    DisneyATlast Mouseketeer

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    Seriously! :thumbsup2

    As a former teacher, one of my mentors said that she would tell parents, "You believe about half of what your kid tells you happens at school, and I'll believe about half of what they tell me happens at home." :rotfl2:

    What ever happened to treating others the way you would want to be treated? I would welcome any parent to call me at any time if they had a question or concern about something my child said or did whether it was regarding my personal or professional life. Especially my professional life.

    Let's say the mom DID access the record (which I still doubt) and she is punished? You better believe that the daughter is going to hear about THAT to put it lightly. If she went around school blabbing about something that could get her mom in trouble then what makes you think she's not going to tell EVERYBODY that her mom did get in trouble? It's not a HIPAA violation to tell people that your mom got in trouble because Johnny's mom filed a complaint against her.

    There's also the extremely likely chance that the mom didn't access the record, but is told that someone requested records because they believed that she did. If she didn't do it then the girl will most likely go around telling everyone how Johnny's mom "snitched" on her mom. Regardless of the outcome, I don't see either scenario making things easier on your son. I can see this making things worse for him at school though.

    Is it fair? No. It's also not fair that bullies get away with being bullies because kids don't want to "snitch" and cause an even bigger problem. It's no fair that MANY people are molested and/or raped and choose not to report it because they don't want to deal with the aftermath. Sometimes getting justice isn't what's best for the victim's mental health.

    Why don't you simply pick up the phone and call the mom? If you're not satisfied after speaking to her then the electronic record is still going to be there. It's not like she can go back and erase what happened, if anything happened at all.
     
  12. leebee

    leebee DIS Veteran

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    From reading the entire thread and hearing the opinion of the majority of people who work in health care and deal with HIPPA, I just don't see this happening at all. Talk about drama and gossip!! This is all handled anonymously, until they see proof in the files that it happened. After that? My guess is that the hospital will still choose to maintain anonymity for OP. ANd honestly, if Dr/mom broke the law, she broke the law: She should be punished for this violation.

    The ONLY way to straighten this out is for OP to call the quality officer at the hospital and ask for a list of who has accessed her son's medical records. If this Dr./mom's name isn't on the list, the matter dies. If it IS, then OP can decide whether she wants to discuss it privately with Dr./mom or if she wants to file a complaint at the hospital. Personally, I'd file the complaint. If Dr/mom accessed a non-patient's medical record it's a huge HIPPA violation. What's to say this is the first, or only, time this would happen? Are you comfortable with the thought that perhaps YOUR medical records are "light reading" for someone who is interested and doesn't think she'll get caught? It also puts the medical facilities in a precarious position, because if this is happening, it will at some point come to light. The hospital will take this complaint seriously... IF OP finds out who accessed the record and IF Dr/mom is on the list.
     
  13. suemom2kay

    suemom2kay DIS Veteran

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    I agree with this advice. I think asking Dr./Mom directly is stupid. She won't admit guilt because if she does, she will probably be fired. Yes, fired. There really isn't a warning for intentional HIPAA violations. You just get fired.
     
  14. OceanAnnie

    OceanAnnie <font color=maroon>I guess I have a thing against

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    I don't agree with not investigating because of some ramifications that could happen. If there were laws broken, there should be consequences. How are you going to know if you don't investigate? The plausibility runs both ways. The only definitive answer would be to investigate.
     
  15. Buckalew11

    Buckalew11 2013 1/2 Marathon Finisher!!! Woohoo!!

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    It sounds like, OP, all you have to do is request who accessed your son's records and look on the list and see if her name is on there. If it is, proceed, because there was no reason for her to look it up. If it is not, then, yay, she did not violate any laws.

    THEN, and only then, would I even consider contacting the mother to tell her that you heard that her daughter said "XX" and if her saying this could cause problems for the mother and they need to have a talk.

    I would not waste my breath calling her beforehand because she's going to lie, most likely, and cross her fingers that you do not look into the matter.

    While I know not to believe everything a child says, that child knew a lot and that raises a read flag. Therefore, I'd be looking into it. Like many have said and I have said on this thread, it happens all to often. Like I have said, I've had people tell me they've done it. Not sure I would be telling others that if I did look at a patient's records! :O

    Anyway, good luck with all this but my vote is to look into it.
     
  16. OceanAnnie

    OceanAnnie <font color=maroon>I guess I have a thing against

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    I agree with everything you stated, except to call the mother. I wouldn't call the mother one way or the other. If she did do it, everything is out of the OP's hands as far as repercussions go. Just a different perspective.
     
  17. Buckalew11

    Buckalew11 2013 1/2 Marathon Finisher!!! Woohoo!!

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    I agree with you. I was not clear about that--IF the mom looked at the records, I would NOT contact her. If she did not, then there is a slight chance I might think of letting her know what her daughter says to others so they could talk about the daughter never saying such things even if it all about the drama.

    I did say THEN and only then would I even think about contacting her but the reality is, I do not think I'd contact her either. It really isn't up to me to warn her.
     
  18. OceanAnnie

    OceanAnnie <font color=maroon>I guess I have a thing against

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    The situation really makes you stop and think. Lots of ways to approach it.

    I do think I'd probably contact the school counselor for him or her to speak with the woman's daughter. The counselor could let the girl know it's wrong to brag about her mother accessing someone's medical records. She should be informed it is unethical and punishable. The counselor may even want to speak with the child's mother too.

    The OP could request to remain anonymous (or not). The girl probably has bragged in the presence of others. The complaint could be framed that way, that it could have been from anyone. Most people do take HIPPA laws quite seriously.
     
  19. Tam1067

    Tam1067 LOVES LOVES LOVES the Poly

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    OP here.

    At this point, I am strongly leaning towards contacting the hospital on Monday and asking for a report of who has viewed my son's records.

    If the mother did not do it, then no harm has been done, and I will know she is innocent of this behavior and that her daughter is stirring up trouble.

    If she did it, then I will have to decide what course of action to take--but that's a different decision to make.

    DH and I discussed it, and we think that if we ask the mom at this point, before we know for sure, she is going to deny it (of course--what else could she do?) and maybe even get angry at us for bringing it to her attention or suspecting her of something like that.

    I am surprised at how upset my son has been because he feels like his medical records are being made fun of by a doctor. If that happened, she needs to deal with the ramifications. If it did not happen, then he needs to know so that he does not feel that way.
     
  20. okeydokey

    okeydokey <font color=green>Frosty the Snowman scared me as

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    This is exactly what I would do. Good luck.
     
  21. OceanAnnie

    OceanAnnie <font color=maroon>I guess I have a thing against

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    Me too. Good luck x2.
     

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