Question
What is the name of your state? Washington
1) Is it a violation of HIPAA rules for me to write to patients and announce that I am opening a new clinic? I am an associate in a clinic who is going out on his own elsewhere and I would like to let patients know I am leaving and where I am going to.
2) Can I legally copy their chart information for use in my new clinic?
Answer
1.) No, it is not a HIPAA violation for you to advertise your new clinic.
2.) No, you may not copy their chart information. Those charts belong to the existing clinic, not to you, and you have no right to take it with you. When and if any of the patients opt to become patients of your new clinic, then and only then you may have the patients request copies of their files from the existing clinic.
Answer
FEEL FREE TO ADVERTISE YOUR NEW PRACTICE.
But do not- I repeat DO NOT use addresses of patients you have access to now.... you will get arrested!!!!!!!!!!
If it's that important to you to mail flyers, open up the phone book.
Otherwise, save the 37 cent postage and post flyers at local places, grocery stores, laundry mats, car washes, post office, bank... etc.
DO NOT make copies of medical records if you value your medical license!!!
Answer
Hello I am writing from IL and have some concerns and questions:
A year and a few months ago the biller at the women's health center where I was both a patient and an employee really violated my privacy.
It involved my then boyfriend and her best friend, (which I was clueless about -he dated her when he and I were seperated and before I worked at this facility).
This biller used to work with her best friend at the same hospital that my then boyfriend worked at.
Thing is, the lab tech that I worked with was friends with the biller is best friends with the 'other woman' who was very unhappy that my boyfriend was no longer available for her.
One day the lab tech asks me my boyfriends last name, I tell her, unknowingly. She walks me back to the biller and says to her, "guess what, Gen's boyfriend is so and so."
Biller blurts out, "HE is seeing my best friend" and proceedes to call her best friend at work at the other hospital and gives the phone to me. I was stunned to say the least. The biller tells me that her girlfriend is also a patient at this center. Then she starts to ask about my gynelogical issues, (I had some issues) and wanted to know if they could adversely affect her friend. Ugh!
Next the biller calls up the hospital were he works too, (she herself used to work there) and so on.
Down to the point, I quit there after about five more months of that. The other woman was a patient there too, the biller told me, and she came up one day to have a 'look' at me.
When I moved in with my boyfriend, (we were neighbors before) I sent my change of address to the women's center. The biller got a hold of it obviously because I started receiving bills to the correct address for a procedure that was already paid for, (my colposcopy for some CIN level 1).
Now, I know this biller shared information as she did it to me and about me. Me and my boyfriend are now married. I am now on his insurance but, even though I really like my doctors there, (primary and gyne) and the nurses I really do not feel like having my life be fodder for this biller and her best friend.
I do not want my personal gynecological history there at all. Ugh, the thought of the biller and the other woman knowing all my private and personal medical history!!!
I am overdue for a check up and a procedure, hopefully minor but I was supposed to have it done over six months ago. This is related to my cervix and hopefully my level I CIN hasn't progressed. However, I have to send my new insurance information there and the biller...
Any suggestions? I don't necessarily want this catty chatty Cathy to loose her job but, she clearly needs to respect this law and my privacy.
Thanks,
Gennaver
Answer
If she shared protected health information illegally, then no matter what you do, she will probably lose her job if you report it. Your options are to do nothing, report this to the hospital (file it as a patient complaint), and/or to complain to the Office of Civil Rights.
Answer
If she shared protected health information illegally, then no matter what you do, she will probably lose her job if you report it. Your options are to do nothing, report this to the hospital (file it as a patient complaint), and/or to complain to the Office of Civil Rights.
Thank you for the reply,
I have debated this since it ocurred. All of us at that office, (pretty large) were very aware of HIPPA and understood the severity of it.
This employees lack of discretion was out of line, to say the least.
One of the reasons I have held off is because I suspected that she would loose her job and I wanted to be certain my intentions were not to cause her trouble.
However, seeing as she insisted to verify my mailing address when I moved in by sending me a letter requesting a response let me know that she hasn't changed.
Now this is causing me to avoid my check-up and to follow through with my doctors orders.
I think I am going to print out the post from here and send it with a note to my doctors asking them their suggestions.
Possibly, though, I may just follow through. My supervisor at the time hinted that she was surprised that I didn't do just that, (yet did not encourage or discourage but, mentioned it when I exit interviewed.)
Thank you again,
Gen
Answer
If a medical coder in NY state sees that a friend has had a miscarriage, can she call and just ask "how are you doing" without any specific mention of knowledge of the incident? Can this be proved to be a HIPAA violation if there was no intent to defraud, spread information, or use the information for any purpose?
Answer
No, what you describe would not constitute a HIPAA violation.
However, since you are in the medical field and (presumably) discovered this information in the course of your employment, if you were to call someone else and say, "I just found out that Jill had a miscarriage; we need to do something to help her out", THAT would be a HIPAA violation (unless you had "Jill's" permission to disclose the information.
Answer
May not be a violation, but just because you call someone doesn't mean they are going to jump at the chance to tell you of the miscarriage - so really what is the point?
I'd think if you were close to the person they would have told you without a prodding phone call. And may be too upset to talk about it, so it would be pretty rude of you to make that call in the first place**************
THAT - and hospital CAN do an audit of accounts that employees work, so I'd hate to be in your shoes if they audited your work and discovered you worked a "friends" history and made an inquiring phone call**************...... you're treading thin ice -
There are a billion "what if's" that could happen, and now you've posted your question for the world to see
Answer
Whoa, hold it.
The poster asked if it would be okay to ask, "How ya doin'" without mentioning the miscarriage. The friend now has the option of saying, "oh, fine", or "not so good, I just had a miscarriage". They were not talking about inquiring about the miscarriage. So what inquiring phone call is going to show up in an audit?
Answer
All I am saying is that if these 2 gals are friends, the coder would probably have known of the miscarriage PRIOR to reading about it on a medical report at her place of employment.
Most facilities discourage employees from working on accounts/records that belong to those of a friend or family. FOr instance, I am an insurance collector, and I am discouraged from working my mom's medical record and my boyfriends, and my son's.... for several reasons.... AND if I DID work them and got caught I could lose my job - so it hardly seems worth the efforts to bother looking.
For the audit - what I was getting at is that if these gals don't speak on a regular basis, and a phone call comes from out of the blue, the girl who miscarried may suspect the scenerio and call the facility - if an audit is done on the coder she could find herself in hot, hot water.
Take it as you will, I am just saying that HIPPA means business and I wouldn't put myself in any position to get myself into trouble
Answer
And you can say what YOU will, I am at a lost to see any way that a call to a friend (and NOTHING in the post implies that they do not talk regularly) saying, hey, how you doing, constitutes a HIPAA violation.
,
Answer
The post read that she found out of the miscarraige due to reading her medical record.
that is concerning to me- - -not that she found out because the girl called her or that they do speak, because if that was the case - the post never would have surfaced to begin with.
Answer
Yes, I understand that she read the medical record. And I understand your point about working on the accounts of friends and family.
But in this instance, she is not going to call and say, I just saw that you had a miscarriage, I'm so sorry. She is going to call and say, "Haven't talked to you in a couple days/weeks/months whatever is appropriate; how are you?" And if that constitutes a HIPAA violation, then how is she ever going to talk to this person again? How long does she have to wait to speak to them, before she's not in danger of a violation?
Answer
Ok - I see - what you said was my point, and I agree they can call just to chat.
It just seemed like she was calling BECAUSE she read of the miscarraige, and to me morally that would be wrong, to act like you care just to get info.
Yikes**************... this hippa's got everyone's panties in a pinch