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 health and HIPPA laws???? grrrrrrrr

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emsmommy5 Posted - Jan 16 2009 : 4:16:13 PM
I found out yesterday that our small town pharmacy has a BIG MOUTH!! At least the 15 year old daughter of the pharmacist, who works there parttime for her dad (the owner), has a big mouth. She is in the same choir class as my 16 yo daughter and decided it would be OK to tell the entire class and who knows who else.... about a medication my daughter is having to take. Of course my daughter is devastated because she didn't want anyone to know her business.

So momma-near went and had a chat with the pharmacist to let him know that his daughter was breaking patient confidentiality. He called me a little later to tell me his daughter denied it all and that his WIFE said we couldn't do business there anymore. His WIFE?? Oh, that REALLY set me off then.

Anyone know of who to report something like this too?? If it happened to us... it will or has happened to someone else and it is plain WRONG!!!! We should be able to trust that our pharmacies aren't telling the community about our private lives.

This is one fuming farmgirl!!!


Farmgirl #208

What are you doing with your dash?
15   L A T E S T    R E P L I E S    (Newest First)
lacisne88 Posted - Jan 19 2009 : 3:21:07 PM
Good luck with the complaint. I hope all turns out well for you and your daughter! :) I hope that it never happens again.

Chelsey
Farmgirl Sister #283

http://farmgirlpleasures.blogspot.com/

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emsmommy5 Posted - Jan 19 2009 : 3:07:00 PM
I filed a complaint. Put it in the mail today. I realized after I mailed it that part of the description included the fact that he told me about his own daughter's medication while in the role of a pharmacist. I have been upset for several days. Now it is in the hands of the civil rights people. My daughter was very hesistant about us filing the complaint, but I finally asked her what she would do if she was the mom.... her reply "Well, I would ignore what my kid said and do what I needed to do." Made me laugh. I don't know if anything will come of it but I did what I could do at this point.

Farmgirl #208

What are you doing with your dash?
Jami Posted - Jan 19 2009 : 10:28:30 AM
Start here http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html to file a complaint. I wish you well on this. I am a medical transcriptioninst and understand your frustration. A 15-year-old is too young to understand what confidentiality means...that's about the biggest blabbermouth time of a girl's life and it's hard to believe her parents would want her jeopardizing their business like that. Sheesh. Hope you get some results from your complaint. I feel for your daughter.

Jami in WA

Farmgirl Sister #266
http://woolyinwashington.wordpress.com/
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crafter Posted - Jan 19 2009 : 08:44:34 AM
Don't let this slide by- the Pharmacy should be frightened because of the consequences. I was violated against by our local hospital and I contacted legal advice and it was a very large settlement adn people in the medical record dept lost jobs- this was almost 13 years ago and hippa laws have gotten so much more strict since then- don't forget about this violation! Your poor daughter- I know how mine would feel- teenage girls are so mean!

Have a Country Day
wild daisy Posted - Jan 18 2009 : 5:07:20 PM
HIPAA laws also apply to even your spouse getting or giving private health information on yourself. Children over 18, you need their permission to get information from any medical professional. We all need to watch how we give or receive information concerning medical information or even personal information. Let this be a lesson for them, file away. I would not stand for this either. I have been a benefits examiner for over 15 years and know the importance of these laws.

Madelynne
catscharm74 Posted - Jan 17 2009 : 07:14:43 AM
"The patient can file a complaint with the Office of Civil Rights. The link below should take her right to where the infomation about filing a complaint is found on the Internet."

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

This is directly from one of my Professors at school. She has over 20 years experience. Hope this helps.

Heather

Yee-Haw, I am a cowgirl!!!
Alee Posted - Jan 16 2009 : 5:03:03 PM
I would too! Call them down to the mat on it! Disclosing medical information is HORRIBLE. It doesn't matter if your daughter is taking and anti-biotic or birth control pills or anti-aids medicine- it his her own private matter and should NEVER be disclosed by anyone! In some cases, I know doctors aren't even allowed to disclose to parents if the patient doesn't give permission!

I know it might sound extreme, but I would contact a lawyer as well. Your daughter has witnesses, talk to the teacher to see if she/he over heard the conversations.

This daughter of theirs needs to learn a lesson fast and so do they!

And I am so sorry for your daughter. No matter what the medication is, that had to be mortifying for her and public school is hard no matter what. *hugs*

Alee
Farmgirl Sister #8
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K-Falls Farmgirl Posted - Jan 16 2009 : 4:42:01 PM
HIPPA Laws are in place to protect you.. CAll them on it!!

http://www.k-fallsfarmgirl.blogspot.com/
Come visit the barn at http://barndoorcreations.blogspot.com/
Cheryl
Farmgirl #309
"If you don't like something, change it. If you can't change it, change your attitude." Maya Angelou
catscharm74 Posted - Jan 16 2009 : 4:39:26 PM
Please excuse me if I seem as though I am hijacking this thread, but the bulk of my job revolves around HIPAA!!! : )

Heather

Yee-Haw, I am a cowgirl!!!
catscharm74 Posted - Jan 16 2009 : 4:36:51 PM
As a Health Information Manager, if one of my employees disclosed something like you both described, not only would the business be fined, the disclosee would lose their job, be fined, possible jail time, I could lose MY job and certification or at minimum, severe punishment and the business could lose it's license and monies. It is NO joke!!! I make sure people know HOW important medical privacy and laws are. It is not something to be brushed off.

Heather

Yee-Haw, I am a cowgirl!!!
laluna Posted - Jan 16 2009 : 4:32:43 PM
Oh wow Angie - that's horrible! Here are a couple of sites I found that look like they might be able to answer your questions: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html and http://www.privacyrights.org/fs/fs8a-hipaa.htm

Your situation hits close to home, as I remember back when I was in college (before HIPAA) I was at my local pharmacy picking up my prescription (for birth control pills). I just gave my name and stated I was there to "pick up my script," to which the stupid woman behind the counter asked, quite loudly so that all the people in the vicinity could hear, "It's the prescription for birth control, right?" I was mortified! I remember getting home and telling my mother about it and I never went back there again.

"I believe in God, only I spell it Nature." -- Frank Lloyd Wright
catscharm74 Posted - Jan 16 2009 : 4:30:56 PM
http://www.wsda.org/government/hipaa7.view

I see you are in WA state. This might help.

Heather

Yee-Haw, I am a cowgirl!!!
catscharm74 Posted - Jan 16 2009 : 4:29:41 PM
Also, make sure that the daughter signed something saying she WILL not disclose any information. If she didn't sign this, you have them there too. I don't know how to go about it so they won't quickly sign one, but talk to a lawyer ASAP.

Heather

Yee-Haw, I am a cowgirl!!!
catscharm74 Posted - Jan 16 2009 : 4:27:28 PM
http://www.ama-assn.org/ama/pub/category/11805.html

Heather

Yee-Haw, I am a cowgirl!!!
catscharm74 Posted - Jan 16 2009 : 4:25:39 PM
Yes... HIPAA laws that are violated can result in jail time. Talk to the State who licenses them. Seriously considering contacting a lawyer. HIPAA Violation is not something someone should just ignore.

http://www.aele.org/hipaa-info.html

I deal GREATLY with HIPAA in my career field. Do let this slip by. Just the threat of losing a license and going to jail should wake them up.

Good luck and I will search some more for ways to help you.

Heather

Yee-Haw, I am a cowgirl!!!

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