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Medical privacy breach--anyone here ever file a HIPAA complaint?

 
PO'd
User ID: 27151533
United States
11/30/2012 04:27 PM
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Medical privacy breach--anyone here ever file a HIPAA complaint?
My university-based hepatologist, treating me for Hepatitis C, told me that he left me "quite an extensive message" on my landline answering machine--except there was no message on my machine and no record of the call in the call log.
My little community looks upon HCV infection about like they view AIDS--negatively, in a stigmatizing way--as if you are a junkie or a slut--though I had blood transfusions in the late 80s before the blood supply was tested.
The clinic has failed to provide me with the identity of which of my neighbors they carelessly/accidemtaly misdialed and left the "quite extensive" message with, so I'm going to complain to the US HHS ofice of civil rights regarding this breach of my medical privacy to one of my neighbors in my small community, who I assume has a phone number with one digit different from my own, so that I can force the clinic to reveal the recipient of the message with my sensitive and personal details in it.


Anyone here experience filing a HIPAA privacy regulations act violation?
No one should be able to know that I'm being treated for hepatitis, and now someone does.
Who lnows who they might gossip to, and how far the info might spread?

Thanks.
Anonymous Coward
User ID: 21666560
United States
11/30/2012 04:35 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
what exactly makes you think that the number dialed resulted in the ringing of a phone that belongs to one of your "neighbors?"

you do realize that people who have numbers that are similar do not necessarily live right next to each other?

what makes you think that the doctor used your full name, social security number, home address and other vital information when leaving the message, such as to identify you to the receiver of said message?
Anonymous Coward
User ID: 27851254
United States
11/30/2012 04:37 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
ive seen a million violations, but they dont pay me to keep track so..meh-
Anonymous Coward
User ID: 24210762
United States
11/30/2012 04:38 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
How about you talk to a lawyer rather than a random conspiracy forum...

You wont do shit, judging by your lack of motivation to even seek out a real lawyer.

Truth.

.. but feel free to bitch and complain.
PhennommennonnModerator
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11/30/2012 04:40 PM

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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
yea....theres a process to go thru but im telling ya....the grievance procedures bullshit.

get an atty. its worth them taking 30% than you getting ass raped again by the system thats supposed to be there to protect yo - rub a lamp
:dannyOMG:

Last Edited by Phennommennonn on 11/30/2012 04:40 PM
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Anonymous Coward
User ID: 18713240
United States
11/30/2012 04:52 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
My university-based hepatologist, treating me for Hepatitis C, told me that he left me "quite an extensive message" on my landline answering machine--except there was no message on my machine and no record of the call in the call log.
My little community looks upon HCV infection about like they view AIDS--negatively, in a stigmatizing way--as if you are a junkie or a slut--though I had blood transfusions in the late 80s before the blood supply was tested.
The clinic has failed to provide me with the identity of which of my neighbors they carelessly/accidemtaly misdialed and left the "quite extensive" message with, so I'm going to complain to the US HHS ofice of civil rights regarding this breach of my medical privacy to one of my neighbors in my small community, who I assume has a phone number with one digit different from my own, so that I can force the clinic to reveal the recipient of the message with my sensitive and personal details in it.


Anyone here experience filing a HIPAA privacy regulations act violation?
No one should be able to know that I'm being treated for hepatitis, and now someone does.
Who lnows who they might gossip to, and how far the info might spread?

Thanks.
 Quoting: PO'd 27151533


You also should report it to your university legal office. If they provide medical services then they are well aware of HIPAA procedures and are required to act on an reports of violations. Contact your university legal office right away and report the violation to them. Usually they will have an anonymous line to report compliance violations - all universities that provide medical services are require to have compliance offices dealing with HIPAA and related legal issues.
Anonymous Coward
User ID: 26165384
United States
11/30/2012 05:02 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
^ it is good advice. do it right away. time is important. make a journal of all that has happened.
dates, times conversations, etc.
Anonymous Coward
User ID: 28709167
United States
11/30/2012 05:10 PM
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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
You can't sue for a HIPPA violation, so it's not worth crap.
PhennommennonnModerator
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11/30/2012 05:17 PM

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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
You can't sue for a HIPPA violation, so it's not worth crap.
 Quoting: Anonymous Coward 28709167


really? tell that to the nice fat check my friend got ;)
never had to go to court.
atty sent notice of intent to sue....they settled.
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
PhennommennonnModerator
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11/30/2012 05:21 PM

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Re: Medical privacy breach--anyone here ever file a HIPAA complaint?
HIPAA does not enable private suits for enforcement.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.

The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals’ protected health information, whether electronic, written, or oral. The Security Rule, a Federal law that protects health information in electronic form, requires entities covered by HIPAA to ensure that electronic protected health information is secure.

The U.S. Department of Health and Human Services’ Office for Civil Rights(OCR) is responsible for enforcing the Privacy and Security Rules. Enforcement of the Privacy Rule began April 14, 2003 for most HIPAA covered entities. HIPAA does not create or allow for an individual to bring a lawsuit against a covered entity. If an individual believes a violation of their right to privacy or private medical information security under HIPAA has occurred, they must file a complaint with the OCR if they wish action be taken. Individuals of course have the right to file a lawsuit based on violation of privacy, etc., but such lawsuits are not a part of HIPAA itself.

[link to lawmedconsultant.com]
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.





GLP