Civil Rights and/or HIPPA Violation

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Latest post Wed, Feb 22 2017 3:38 PM by Taxagent. 8 replies.
  • Sun, Nov 6 2011 10:03 PM

    • mrkg1313
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    Civil Rights and/or HIPPA Violation

    Can a military dotor review medical information about a person without consent of a person no longer in the militray?

    I am retired military who is now a ferderal employee.  My primary medical insurance provider is also the miltary insurance provider thus military medical personnel have access to my information on the data base.  As a federal employee I am required to undergo annual retention physicals conducted by Navy flight surgeons.  The guidlines for what the doctor is checking for during these physicals is specifically spelled out in the Office of Personnel Management manual (OPM), medical history is not part of the physical.  During my last appointment the doctor reiviewed the Triwest Insurance data base for my past prescriptions without consent then, reported what he saw to base Commanding Officer.  Since I am no longer in the Navy and the doctor is not my primary care provider nor physician i contend that he violated my civl rights or at the very least violated HIPPA.   

  • Sun, Nov 6 2011 10:33 PM In reply to

    Re: Civil Rights and/or HIPPA Violation

    mrkg1313:
    Since I am no longer in the Navy and the doctor is not my primary care provider nor physician i contend that he violated my civl rights or at the very least violated HIPPA.   

    Probably neither.

    mrkg1313:
    The guidlines for what the doctor is checking for during these physicals is specifically spelled out in the Office of Personnel Management manual (OPM), medical history is not part of the physical.

    Guidelines are just guidelines.

    If the guidelines call for A, B, and C, and don't specifically prohibit D, I don't imagine that the doctor did anything wrong by addressing D.

    With that in mind, read the guidelines again.

    It's also possible that, at some point in your employment, you signed something (without understanding it) that authorized the review of your medical history.

    It's quite common that people do that, so don't rule out that possibility.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Nov 6 2011 10:55 PM In reply to

    • mrkg1313
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    Re: Civil Rights and/or HIPPA Violation

    Thanks for your reply. 

    We do not sign any privacy waivers of that nature.  When we are hired we have to undertake a hire physical which is more intense than the annual retention physicals.  The retention physicals are in place to make ensure that we still meet the basic medical requirement.

  • Mon, Nov 7 2011 12:04 PM In reply to

    Re: Civil Rights and/or HIPPA Violation

    mrkg1313:

    We do not sign any privacy waivers of that nature.  When we are hired we have to undertake a hire physical which is more intense than the annual retention physicals.  The retention physicals are in place to make ensure that we still meet the basic medical requirement.

    I basically don't have a clue as to whether anybody did anything in violation of HIPAA.

    It just seems reasonable to me that a physical would involve a review of medical history and consenting to the physical would imply that there was consent to the review.

    Here's a suggestion.

    Confront the doctor and ask him what gave him the authority to review those past records without your consent when it wasn't called for in the guidelines.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Nov 7 2011 8:54 PM In reply to

    • mrkg1313
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    Re: Civil Rights and/or HIPPA Violation

    Thanks again, that is a good idea.  Just one more question.  Din't he break HIPAA by reporting to my employer, without my consent the medications that I had previously been prescribed?  My employer had no need to know because it is not part of the grading criteria for the annual physical. 

  • Mon, Nov 7 2011 9:44 PM In reply to

    Re: Civil Rights and/or HIPPA Violation

    mrkg1313:
    Din't he break HIPAA by reporting to my employer, without my consent the medications that I had previously been prescribed?  My employer had no need to know because it is not part of the grading criteria for the annual physical. 

    That's a little beyond me.

    But I think it starts with the physical mandated by your employer which means that the employer was entitled to know the results. Then, if the review of previous medical history was not a violation, then revealing it to your employer is not likely to be a violation.

    I don't think it has anything to do with your employer's "need to know" but whether he was authorized to know, or at least not prohibited from knowing.

    HIPAA is complex. You can study it at the HHS website and maybe you'll find an answer in there:

    http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Feb 22 2017 1:35 PM In reply to

    • Lesliek65
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    Re: Civil Rights and/or HIPPA Violation

    This morning my medical provider gave my prescriptions to another patient. Does this violate the HIPPA act, and if so do I have any recourse?

  • Wed, Feb 22 2017 2:29 PM In reply to

    • DOCAR
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    Re: Civil Rights and/or HIPPA Violation

    Please start your own thread rather than tag onto a 6 year old thread.

    Depends upon why and how he gave your prescriptions. If it was a HIPAA violation, you can report it to the US department of Health and Human Services.  That is your only recourse under HIPAA law.

  • Wed, Feb 22 2017 3:38 PM In reply to

    Re: Civil Rights and/or HIPPA Violation

    Lesliek65:

    This morning my medical provider gave my prescriptions to another patient. Does this violate the HIPPA act, and if so do I have any recourse?

    What exactly do you mean when you say the medical provider gave your prescriptions to another patient? Do mean that the provider gave to the other patient the prescription written by your doctor with your name and prescription order on it? Do you mean that the other patient was simply given the drugs that were supposed to be given to you? If the latter, was your name disclosed to the other patient? The details matter.

    If your name and prescription info were both disclosed to the other patient, that is very likely a HIPAA (not HIPPA) violation. However, your only recourse under HIPAA is to report the violation to the U.S. Department of Health and Human Services (HHS). That is the agency that enforces the HIPAA rules. This was likely just a mistake and not intentional. So unless there is a pattern of this sort of thing by your provider it is likely that HHS will simply warn the provider rather than imposing any fine. But that decision is up to HHS. Information on making a HIPAA complaint may be found on the HHS web site here: HHS HIPAA complaints

    The mistake might also amount to negligence and give you a claim under your state’s tort law. However, all you may sue for in a tort claim are your actual damages suffered. Unless the disclosure to the other patient caused you to suffer some kind of financial loss there would be nothing for which to sue over this.

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