PHYSICIAN SUED FOR DELIBERATE HIPPA VIOLATION
Posted By: keephope on 2005-08-09
In Reply to:
Anyone know what the penalties are for docs violating HIPPA? I know of a case where a person was damaged from a new nonsurgical cosmetic procedure and about to settle with a company to pay for the surgical repair. Prior to the settlement this patient saw a physician who sells these same nonsurgical services with a possible financial interest in the company. This physician filled the patient's face full of temporary cosmetic fillers to cover the damage and then WITHOUT THE PATIENT'S PERMISSION released the patient's records to the company and wrote a letter stating there was nothing wrong with the patient. The company subsequently canceled the pending deal to pay for the damages. The temporary fillers wore off and the damage returned and this patient is now suing the company AND ALSO the physician that released her records. This physician has caused an already traumatized patient much more stress (a subsequent long legal battle) from this HIPPA violation. What are the penalties? Any criminal charges?
Thanks!!!
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wouldn't this be HIPPA violation?
Just finished dictating an irritating doctor. Thought he was dictating on his cell phone, but turns out he was dictating on an airplane. Wouldn't that be a HIPPA violation?
Sorry, but major HIPPA violation to "keep a
little file...that's a HUGE industry NO-NO. Talk about lawsuits and professionalism!
Hospitals being sued
Seems to me the hospitals must not be very worried about being sued or they would require fluency in the English language as a pre-requisite for staff privileges. Secondly, any doctor who doesn't read what he signs pretty much deserves what he gets. Transcriptionists make mistakes....so do doctors. Thirdly, maybe hospitals should re-think how their work is contracted out. Far fewer problems when transcription was done in house.
A summons. He's either subpoenaed for something or sued.
.
I also tried debt settlement and I am now also being sued.
I spoke to a bankrupty lawyer and he said absolutely go for Chapter 7 but I guess I just wanted to here from somebody else who has been there. Thanks.
You DO definitely need legal counsel if being sued.
x
Freedom of speech... no you can not be sued.
Violation
First of all, best wishes for a full recovery from your breast CA. Most of us have been in this MTs position in typing reports on people we know or work with. One thing to consider is that she probably was not the only one to see the report. Who faxed the report to the doctor? Who prints out the reports? I worked inhouse and have heard some inappropriate remarks made by non-MT personnel. In this case, the coworker may simply find herself in an awkward position. She also may just not know what to say to you. I have learned some tragic things through my work about people I knew, but because of the way I learned it could not discuss it, even with that person. Also, the MD I use is a client of the small MTSO I work for, so I always was aware that the MT saw my records, as well other office personnel involved in getting the records printed and to the physician. That is just part of working in the medical field.
It's not a HIPAA violation for sure. Can you
have the account use digital recorders that are uploaded to your FTP site? Bypass the TASP entirely. Or if you are the only transcriptionist, you can use Bytescribe's E-shuttle. Check it out at bytescribe.com
I agree it's a violation. m
I mean, even if you have stellar credit, it still gives a whole lot of information. I've seen my credit report so I know that any open loans, credit cards, etc. are all on there with limits, current balance, account numbers as would be your mortgage and the monthly amount you pay. I have a student loan from 15 years ago and cc's from that long ago or longer as well that have been closed for over a decade that still linger. I mean, it's just nobody's business unless you're applying for credit. If you want a job, they should look at your job history. If you want credit, look at your credit history.
No you should not tell. I do believe it is a violation of privacy since you are doing the report.
The guy has to do what he has to do obviously to exist with his sorry self.
really the only violation is if they hear it and use it in some way that hurts you...
people keep thinking HIPAA violation is just knowing it. It's not. It also has to be harmful to the patient in some way. Remember this whole thing started because some stu*id pharm tech came home and told her high school kid that Mr. So and So came in and got AIDS medicine, then her stu*id high school kid went to school and told other kids and that is how Mr. So and So's daughter found out her father has AIDS.
And wasn't it a violation for her to even ASK for the results from someone other than her doc? Th
x
Yeah and I think a cellphone is violation myself sm
I do plenty of QA and I note the cellphone usage for the client because of the numerous cutouts, static, distortions and other things that make it impossible to hear.
It may not be a HIPAA violation, but by golly it SHOULD BE.
the problem is that this is a violation of privacy
Hope you don't think it is okay to have your family members looking in on your computer while you are working!!
She obviously told someone who warned her of the violation and now she is hiding....
dd
to the transcriptionists who felt that a criminal background check was a violation - sm
you will notice that some of the jobs posted on the job seeker's board require a CRIMINAL BACKGROUND CHECK!!! What do you think of that? Still think it's a violation of your privacy?
Let me get this straight. It is a copyright violation punishable if you copy and paste an article
but it is not a copyright violation if you copy and paste the link to the article? What the h*ll is the big deal?
hippa
I don't know the action that can be taken by the person, but HIPPA is a very serious organization. I am in a situation that my insurance man has taken my personal information home and his wife has answered my complaint. NOT the company secretary. He surely did not observe the HIPPA law with me. He had no right to remove my information out of his office and discuss it with his wife. THe response was not even on the company letterhead. I intend to file charges with the Federal Government.
HIPPA
This may sound naive, but what is wrong with just saying that I comply with all ethical standards and will not disclose medical information to anyone, unless I get your approval, or something to that effect?
HIPPA FTP
What FTPs are HIPPA compatible?
Etranz and HIPPA
Does anyone know how to report HIPAA violations? I'm afraid that our dear ole ETranz is in violation of HIPAA rules. You see they use general unsecured email to send their files around. BIG HIPAA NONO!!! So........ Any information anyone can provide would be greatly appreciated!
it's HIPAA, not HIPPA. nm
x
/HIPPA/MP count
Two questions,
1. What sort of things do I need to have in place to be able to say I am HIPPA compliant at home?
2. Can someone please give me the web address to MP Count?
Thanks
Breech of HIPPA??? - sm
Has anyone else seen the news item about the man who intentionally put 12 nails into his head with a nail gun? Isn't putting this on TV a violation of this man's privacy? Even mentioning that he did it, or putting his x-ray/CT scan on for all of us to see? I know it's a news item, but it is medical, and I'm sure HE didn't give his permission for this to be aired. Any thoughts? (He is doing well and expected to recover).
Breech of HIPPA
Boy, if this is how you spend your time, you surely need to get a life.
Pay for HIPPA violations
I'm not certain who gets charged where transcription is concerned - but the physician office gets hit with it for their office personnel. I have a standing monthly appointment with a physician and I got so tired of them calling my name with a waiting room full of people that I first complained to the office manager - and then when that didn't work - went to HIPPA. The next month - they were using a numbering system - sort of like at the ice cream store or the court house - you know, now serving #-whatever. They have a piece of tape placed on the floor and you must stand behind it while another person is at the check-in counter, and they do not use your name until you are in a closed examing room. I think that if HIPPA is to be taken seriously, then steps need to be taken to make sure that it is adhered to, even if it does mean making changes in office procedures, etc. 
HIPPA Question
Hired by a group of local doctors to work from home. Getting overwhelmed. Want to recruit help for sick days, etc. Does anyone know the HIPPA rules to follow in this type situation? Your help is appreciated. Thanks & happy holidays!!!
What FTP HIPPA Compliant do you use?
I am setting up my web site and I am having trouble understanding FTP and is it HIPPA Compliant. Which one do you use?
HIPPA is a law. not people.
so who would be doing the monitoring??The facilities should be the one who care - but that doesn't seem to be happening.
Regardless whether HIPPA is the basis or not....
there is a problem there that needs to be addressed here. Either you agree or don't! No need to critize an MT who is at least trying to make an effort to do something about it.
It's HIPAA, not HIPPA (nm)
x
I didn't, but I had my satellite before HIPPA.
Currently have cable internet so not a concern, although my company had no problems with me using satellite.
How do you pronounce the acronym HIPPA?-nm
.
Need a HIPPA form for transcriptionist
An account has asked me to prepare and sign a HIPPA compliance form. Please refer me to such a form.
Has a HIPPA law been violated by my ex coworker?
I am a radiology MT and worked at the hospital who did my chest x-ray and lab work after I was given a dx of breast CA on Tuesday. I had been given Xanax which I took and was in a sheer panic because I am afraid .
The woman MT I worked with at the radiology dept and I have kept in touch. I told her as I was being worked up (did not tell her I had CA as she has a big mouth) to let me know if she does my chest x-ray and let me know if it is abnormal. I then went into the surgeons office where he had been a faxed of the chest x-ray with the CLINICAL DIAGNOSIS: Breast cancer. on the top. When I returned home, I had an e-mail from her that was an exact cut and paste of my chest x-ray with the exception that CLINICAL DIAGNOSIS: Breast cancer. had been cut from the copy. She has since stopped all contact with me and now I fear that the entire MT dept and hospital I worked in for two years with know I am suffering from this without my telling them.
I feel hurt and violated because she knew before I wanted her to (she typed the report I saw but mostly because she has stopped corresponding with me after seeing that I had breast CA. When I was being worked up, she said my bad lifestyle was the culprit. She herself has never had a mammogram and refused to see doctors (7th Day Adventist).
Am I wrong for feeling this way? Have rules been broken? Shouldn't she have asked for my wrritten authorization before placing my chest x-ray report in an e-mail. and saying "good job" with reference to teh normal chest I guess (although the words "Breast CA" definitely negated that - it was almost as if she did not want me to know she knew.
I am so confused right now and have no family members or even close friends so I cannot tell if what I am thinking is even accurate. The Xanax and Prozac are not helping along with major anxiety.
Any feedback from astute MTs would be appreciated. Thank you.
Pssst... It's HIPAA, not HIPPA. nm
x
It's HIPAA, not HIPPA. People in the business really should know that. nm
x
To ICs and MTSOs, have you used the offshore outsourcing and HIPPA
issues to educate and as a sales tool? Have you had success with this? I was thinking of having this be the focus of my next round of mailings. I wonder if most clients are even aware that their stuff is going out of country. I am sure that with some companies it would not matter because the money is the bottom line, but I would like to believe at least that with some it would matter, especially with HIPPA issues. What is the current situation with the HIPPA issue at this time?
HIPAA not HIPPA (check your site too) nm
nm
why doesn't HIPPA monitor these things? (sm)
they should be the outsource police and crack down on these companies, y'know?
If HIPPA laws are broken, whether overseas
or here, the US company making the contract with the overseas entity would be held liable for not adhering to HIPAA laws as they are responsible for those companies they contract with.
HIPPA=Health Insurance Privacy and Portability Act
Yes, I saw the ad also and felt it was an insult to offer that line rate for what they wanted from an IC. I put the definition of what the initials HIPPA mean for your benefit.
well, if not hippa police to enforce - quite useless. huge waste.
huge farce
They are all correct style and grammar rules. More concerning are the gross HIPPA violations sm
that you admit to. No MT should EVER go into another medical record to "check" on things.
The emails are not petty; the service obviously wants good quality and it is NONE OF YOUR BUSINESS WHAT OTHERS DO. Hold yourself to the highest standard and you will never have an issue.
Per my physician....
"All the antibiotics in the world will not clear up your sinus problems because you need to dry your sinus passages out." Get those little red Sudafed tablets and take the maximum dosage for several days. Also, try avoiding dairy products to see if that's a trigger. I can't even eat Ranch, mayonnaise or gooey cheese anymore because it triggers postnasal drip with that irritated ticklish throat and cough.
This is a physician saying this
The patient was tooken to the operating room. OMG, please keep me from screaming!! Where did you go to school, or did you finish?
Get another physician
NM
Not OUR job, it is the physician's and/or
x
EMR physician
I need quick advise. I worked for 4 physicians, one used EMR (partially) the others still use tapes. The EMR physician does not like to read his dictation and the three mouse clicks to sign his documents is too much. The physician has a high school graduate opening up the notes, reading them, editing them at her discretion and then SIGNING them. I informed them that to the best of my knowledge this was 100% illegal but they are still doing it. I have been doing this for some time, but did not think the rules had changed.
see what I mean? LOL ... physical not physician...
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