Advice about HIPAA issue

[Pea-n-Me]

The argument could be made the other way also. Why do people believe the doctor would never be so unprofessional and do something to jeopardize their career but think the privacy officer (or other person looking into it) will be so unprofessional that they will gossip and ruin the doctor's reputation?

That doesn't make sense. The doctor's career is on the line. The "Privacy Officer" will discuss it, or not, as part of his or her job. Who's got more to lose?

 

[Disney Doll]

That doesn't make sense. The doctor's career is on the line. The "Privacy Officer" will discuss it, or not, as part of his or her job. Who's got more to lose?

The Privacy Officer has just as much to lose if they chose to discuss an issue outside of what is necessary to address the issue as part of their job.

Scenario #1- The Privacy Officer going to a meeting with human resources to discuss how to handle the reprimand of someone who has violated HPIAA is discussing the case as part of their job. Yes it's being "discussed" but it's being discussed in the context of their role as Privacy Officer.

Scenario #2- The Privacy Officer goes home and calls his/her BFF to tell them how Dr.ER Mom is going to get lambasted because "listen to what she did"....

Scenario #2-Inappropriate discussion of the matter, will be just as detrimental to the Privacy Officer's career as violating HIPAA would be to the MD's career. Both have the risk of losing their job.

 

[Pea-n-Me]

The Privacy Officer has just as much to lose if they chose to discuss an issue outside of what is necessary to address the issue as part of their job.

Scenario #1- The Privacy Officer going to a meeting with human resources to discuss how to handle the reprimand of someone who has violated HPIAA is discussing the case as part of their job. Yes it's being "discussed" but it's being discussed in the context of their role as Privacy Officer.

Scenario #2- The Privacy Officer goes home and calls his/her BFF to tell them how Dr.ER Mom is going to get lambasted because "listen to what she did"....

Scenario #2-Inappropriate discussion of the matter, will be just as detrimental to the Privacy Officer's career as violating HIPAA would be to the MD's career. Both have the risk of losing their job.

Don't disagree. But my point was that in the course of his or her job, the Privacy Officer will be discussing this with various people and that in and of itself could be damaging to Dr. Mom's reputation if it's true. I doubt either Dr. Mom or the Privacy officer would jeopardize their jobs by "gossiping".

 

[mfd25wife]

As some PP have posted, I would contact the hospitals and get the list. If anyone other than the ER dr, radiologist, etc. who were involved is on it, ask the hospital to investigate why. No one has to accuse anyone. Leave it to the hospitals to look at it. In this day and age of lawsuits, I do believe the hospitals will protect themselves and take the correct course.

I would not ignore it if she did access his records. Why would the child be called anything or treated differently? The hospitals just need to say they were doing audits of records and this one looked odd. If the mom did do it, and I do mean if, it probably isn't the first or won't be the last time. The hospital should be happy to find out because next time, the parent might start screaming lawsuit ESPECIALLY because it's a minor. She needs to know it's not acceptable. I'm not assuming she is, but I don't believe in just letting it slide. If the mom didn't do it, no harm no foul. The OP didn't give the mom's name and didn't affect her reputation or position. Just tell DS it was not true and ignore the girl trying to upset him.

Police departments are cracking down on officers running people through NCIC and state databases unless they have a valid reason to do so. They are not allowed to just be bored and start checking out their friends or neighbors or even their nannies. They would take DH's badge if he accessed someone's records if he had no legal reason to do so. I really don't see this as any different.

 

[sunshinehighway]

Don't disagree. But my point was that in the course of his or her job, the Privacy Officer will be discussing this with various people and that in and of itself could be damaging to Dr. Mom's reputation if it's true. I doubt either Dr. Mom or the Privacy officer would jeopardize their jobs by "gossiping".

The big reason posters seem to be against going through the proper channels at the hospital is gossip ruining the doctor's reputation. My point is why assume the doctor is the only one with any professionalism. If the doctor didn't do it, there's nothing to gossip about unless the privacy office (or whoever) is unprofessional and tells everyone what s/he was looking into.

 

[StitchesGr8Fan]

If the OP asks for a list of ALL the names of anyone who accessed the records, and doesn't say she is looking for Dr. Mom, how is that going to get back to Dr. Mom? The Privacy Officer isn't involved in the school drama. To them it is just another request.

This is getting blown up into a big conspiracy for no reason.

 

[Buckalew11]

If the OP asks for a list of ALL the names of anyone who accessed the records, and doesn't say she is looking for Dr. Mom, how is that going to get back to Dr. Mom? The Privacy Officer isn't involved in the school drama. To them it is just another request.

This is getting blown up into a big conspiracy for no reason.

That's what I'd like to know. Privacy officer or Dr. Mom would never even know what you are looking for unless you see her name on the list.

 

[Pea-n-Me]

Why do people assume the hospital is just going to hand over a list of all the people who accessed the chart? Isn't that in itself a violation of HIPPA?

 

[burnurcomputer]

Why do people assume the hospital is just going to hand over a list of all the people who accessed the chart? Isn't that in itself a violation of HIPPA?

Because its *your* health information and you have right to ask for a copy of your records and a record of those who have access to it. Its actually a part of HIPPA to protect the pt. and for the pt. to have full access and knowledge (or block) who can and can't see the health information. Privacy and portability are both part of the act. You have right to know where and when and who has seen your info.

 

[Buckalew11]

People who seem to know say that as a patient, it is your right to know. I have no idea what page this was discussed on but it is back there somewhere.

 

[Pea-n-Me]

Because its *your* health information and you have right to ask for a copy of your records and a record of those who have access to it. Its actually a part of HIPPA to protect the pt. and for the pt. to have full access and knowledge (or block) who can and can't see the health information. Privacy and portability are both part of the act. You have right to know where and when and who has seen your info.

People who seem to know say that as a patient, it is your right to know. I have no idea what page this was discussed on but it is back there somewhere.

I don't know if that information belongs to the patient, or the hospital.

Some hospital information is only given out by supoena.

I don't know that one could just waltz in and ask for the information as described in this thread, or that the hospital would be required to hand it over. Doesn't it put them in a somewhat precarious situation, for one thing? What if someone decided to go to the media, say, about this? Or file suit?

Hospitals protect their information, although they could still take action if there was a violation. But they would obviously have to know Dr. Mom's name.

 

[MrsToad]

I don't know if that information belongs to the patient, or the hospital.

Some hospital information is only given out by supoena.

I don't know that one could just waltz in and ask for the information as described in this thread, or that the hospital would be required to hand it over. Doesn't it put them in a somewhat precarious situation, for one thing? What if someone decided to go to the media, say, about this? Or file suit?

Hospitals protect their information, although they could still take action if there was a violation. But they would obviously have to know Dr. Mom's name.

It is a specific right under HIPAA that a patient may request an accounting of parties to whom health care information has been disclosed outside the organization, and the hospital or practice must comply in most circumstances (psychotherapy notes, for instance, may sometimes be excluded). The part I'm not so sure of is whether the hospital has to give you a list of everyone within their organization who accessed your record. However, hospitals HAVE been fined when security audit trails confirmed someone on their staff looked at the record of a celebrity, so improper viewing is a serious issue for any hospital.

Another specific patient right under HIPAA is the ability to file a privacy complaint and to have that complaint investigated by the Privacy Officer. So, with both of these rights combined, the OP could, theoretically, file a privacy complaint stating she is concerned someone accessed her sons record without a legitimate reason, even if the hospital doesn't initially agree to show her the access list. The hospital, as part of their investigation, would see the doc's name on the list if she did view the record, recognize that she shouldn't have needed access under "minimum necessary" access rules, and take action, all without the OP providing the doc's name. If no names are outside the scope of this patient's care, cased closed.

 

[MScott1851]

Well, I'm tired of discussing HIPAA, I just want to know whether the other girls' mom accessed the info or not! (Sad to say, being a doctor doesn't mean you don't make stupid decisions.)

OP, hope your son is back to his old self.

 

[phorsenuf]

Well, I'm tired of discussing HIPAA, I just want to know whether the other girls' mom accessed the info or not! (Sad to say, being a doctor doesn't mean you don't make stupid decisions.)

OP, hope your son is back to his old self.

I just want to say how nice it is to see you here again. It's been a long time! What a cutie pie in your signature!

 

[chloelovesdisney]

Why do people assume the hospital is just going to hand over a list of all the people who accessed the chart? Isn't that in itself a violation of HIPPA?

No. HIPAA is to protect the patient, it doesn't protect the practioners.

 

[chloelovesdisney]

I also find it interesting that so many people are willing to believe that Dr. Mom violated HIPAA, but at the same time they are adamant that a Privacy Officer is bound by laws that will obligate them to treat her inquiry with the utmost level of confidentiality.

A Privacy Officer's job is all about enforcing confidentiality and protecting patient information. While healthcare workers are trained in the rules, their jobs are to provide patient care.

 

[Disney Doll]

Don't disagree. But my point was that in the course of his or her job, the Privacy Officer will be discussing this with various people and that in and of itself could be damaging to Dr. Mom's reputation if it's true. I doubt either Dr. Mom or the Privacy officer would jeopardize their jobs by "gossiping".

And I would assume that the people the Privacy Officer discusses it with would understand the importance of confidentiality as well...HR, Nurse Managers, the physician's manager.

 

[horseshowmom]

I work in a health care facility and people do this all the time. People get fired at least once a year for nosing into someone else's business. Yes, everyone knows not to do it. But it happens everyday. Not everyone gets fired for it, unless a complaint is filed. So I would not be shocked by an MD doing it, I've seen it happen more than once.

File your complaint, it is easy enough to check if she accessed it. She will get fired if she did. And she deserves to get fired. Everyone knows the rules.

Absolutely! I'm not going into detail, but I personally know of a high ranking hospital official (a doctor but in a higher level position) who recently lost their job for doing this very thing. The individual accessed the records, and someone else was made aware of it. A complaint was filed. When the records were checked, it was documented that this person accessed the records.

The individual was fired immediately. I can't imagine risking the salary and prestige this person had, but they did it nonetheless.

 

[TwingleMum]

Op~ did you ever file a complaint? Did you find out it the girl's Mom accessed your DS's records???

 

[Pea-n-Me]

No. HIPAA is to protect the patient, it doesn't protect the practioners.

Some information "belongs to" the hospital and doesn't have to be "handed over" or shared, necessarily. It's not clear whether this would be one of these times.

It always amazes me how crystal clear people here are on HIPAA when medical and legal scholars still admit to at times being befuddled by it.

And I would assume that the people the Privacy Officer discusses it with would understand the importance of confidentiality as well...HR, Nurse Managers, the physician's manager.

In the course of discussion and investigation, word often gets out.