HIPAA violation?

[MoltenStorm]

I'm unsure if this was a violation of federal law, so I wanted to pass it by you all who might be more knowledgeable.

I recently went to a retail pharmacy, and submitted a prescription for Atripla that my doctor gave me. I filled the prescription (3 month supply) for a single month. I paid my copay, and I went up front to the cashier to pay for a Dr. Pepper. I had the paid prescription in my hand. The cashier started questioning me on the prescription and what the prescription was for. I politely told her that it was none of her business, but she wouldn't drop it. She said she was going to go look it up and that she would find out. I use this retail pharmacy quite a bit for cigs, so they know me there. This was the first occurrence.

The second occurrence happened yesterday after work when my dad and I went in after I got off of work. She proceeded to ask my dad if he was my natural father. He said yes, and she asked him if we were close. My dad was a bit taken aback by this question, so he answered in the affirmative. She proceeded to tell him that he needed to have a "man to man talk with me" and how we needed to have a "heart to heart preferably about the birds and the bees." She then hinted to me that she "told me she'd find out." I answered, quite pointedly, "All I'm going to say is different strokes for different folks, and that's all I'm saying on the subject."

Just from that little encounter, I gathered that she went and looked up my prescription and what it was for. I am calling tomorrow to speak with the store manager, but what are other recourses can I take? Is this a violation of HIPAA? I'm pretty sure it is, but I want to make sure.

*Edited to replace "HIPPA" with "HIPAA."

[AlanBama]

At the very least, call her manager and report this behaviour.   I think it's totally unacceptable.

Also, consider notifying the better business bureau in your city; the store doesn't want negative publicity.

Sounds like Lucy Loose Lips needs a stern lecture......

let us know what happens.

Alan

[MoltenStorm]

I'm currently looking up how to report the violation with the Office for Civil Rights which covers HIPAA violations.

[aztecan]

Is it a HIPAA violation? Hell yes it is.

I am not even allowed to acknowledge someone who has HIV in public unless they acknowledge me first, and only then in a social manner with no inferences regarding their status or their health.

She looked it up!!!!! Is she a pharmacist? If the only work she does is as cashier, i would have had a serious name-calling, profanity strewn fit right then and there.

When you call that store manager, advise him he is facing a lawsuit and, at the very least, you insist his employees are not only educated about HIPAA, but are required to undergo senstitivity training and if the old bitch won't go, you want her ass fired.

How dare she first have the audacity to ask such a question of you, then have the utter gall to question your father like that?

I would have called that cow on the carpet so fast her head would have been spinning.

I have edited this down to protect those with weak stomachs..

Yes, Mother Mark is pissed. This kind of thing really makes me livid.

HUGS,

Mark

[Life]

Molton,  If the store manager does not do anything about it,  you can tell them you are going to report this to the State Board of Pharmacy (which I would either way).   They will yank a license quicker than you can pop your meds...

Eric

[J220]

I am livid...this is just grievous. You should have gone straight for the manager on the first occasion. But anyway, now that that is past, if I were you I'd hire an attorney ASAP, then have your attorney make the formal complaint to the pharmacy, preferably at their headquarters, and then to any pertinent state or federal agency (or barring that, hire a hit man to take that bitch out).

But seriously, you have got to make a big deal out of this, and fast, as time is of the essence. This is utterly ethically unacceptable, not to mention a violation of privacy and anti-discrimination laws (because she singled you out due to your condition)...do keep us posted. J.

[milker]

WTF?

Get this person fired and never work in the health dept anymore in her life. Ever.

Milker.

[HealthyMomma]

How does something like this even happen? And what the hell made her think it was any of her business? Give me her name...I think I'm gonna have to kick someones ass!!!!

[J220]

When the pharmacy's management is involved in this I think a nice little letter campaing from all of use here would do wonders. I for one would certainly write to share my outrage.

p.s. it occurs to me that if the media gets involved in this it would also be great. You never know, they might run some kind of story on this. Can you imagine how embarrased the pharmacy would be? At the very least you know the bitch would be canned, with extreme prejudice, at most you could probably file a nice lawsuit, which they would surely settle. And I know this is not about the money, but sometimes that is the most effective way to make changes in corporate behaviour. They are responsible for their employees' actions, so HOLD THE COMPANY ACCOUNTABLE. Don't even talk to the bitch anymore, just go for the jugular. Maybe, just maybe, this will not happen to anyone again there.

[TopherK]

Molten,

The cashier accessed Protected Health Information (PHI) that was not necessary to perform her job.  Clear-cut HIPAA violation.  Period.  Actually it's the worst I've ever heard of since she admitted it to you, the patient, with your father as a witness standing right there!  

And to think I went ballistic when a nurse who was entering my lab orders at a new doctor's office turned to her colleague, at least 20 feet away, and asked loudly "Hey, what's the lab code for an HIV test?"  I could hear the necks in the waiting room behind me snap around to see who she was talking about.  And this was NOT an ID clinic.

Call the manager, sure... but you could just as easily call a lawyer.

-Topher
(who takes HIPAA compliance training annually)

[MOONLIGHT1114]

Molten~  You said you went to the front of the store (away from the pharmacy) to pay ONLY for the Dr. Pepper.  This nosey-ass bitch was obviously poking her head into your private business.  Hell YES its a violation!  And then to go LOOK UP your Rx and proceed to "give you advice" the next time you're in the store?  OMG!  I would have said the same thing you did, "Its none of your business," and then if she had told me she was gonna look the Rx up, I would've unleasehed a can of whoop-ass on her and made a TERRIBLE scene!  I would've asked her if she was familiar with HIPAA laws?  Obviously, she doesn't have a CLUE.  OMG, where is gabbardjr, I think he is going to AMG this week.  Nip this shit in the bud FAST and skin her dumb ass.  You definitely have a case here.  She didn't overstep her bounds once, but TWICE!

And to think I went ballistic when a nurse who was entering my lab orders at a new doctor's office turned to her colleague, at least 20 feet away, and asked loudly "Hey, what's the lab code for an HIV test?"  I could hear the necks in the waiting room behind me snap around to see who she was talking about.  And this was NOT an ID clinic.

Topher, I had the same type of experience at a lab in the late 90s.  The tech asked me to have a seat, and a few minutes later we caught eyes from across the lobby while I was waiting.  There were about 20 people in there waiting with me. She smiled and said, "We'll call you back for your HIV test in just a few minutes."  I told her to be quiet, and she continued to talk and I told her to BE QUIET again.  I was mortified.

I reported her to my doctor at the time, and he tore her a new asshole through a letter of formal complaint to the lab.  Good ole Agnes at Quest in Frederick, Maryland.  Rot in hell, you bitch.  Just cause you didn't think I was pos doesn't mean that I wasn't.  My husband had just died from AIDS then and the entire thing had me very upset.  If I EVER see her at another lab, I will certainly ask her if she has learned to keep her mouth shut yet.

For years after that, I would go into labs and the first thing I would say is, "Please be discreet.  Don't say ANYTHING outloud.  Point to it on the labslip if you need to.  You don't want to see me angry."

Also had another tech yell and ask for the "HIV code" in the back of a lab once, and the entire lobby heard it as well. 

Oh and there's the pharmacist who to this day, kisses my ass.  Back in the late 90s she went to the fridge and brought out my 9 bottles of Fortovase and dumped them on the counter in plain sight.  The pharmacy had just remodeled and had an "open" plan, which is the stupidest thing, in my opinion.  I asked her why she didn't put the bottles in a bag, and her reply was, "I don't know what these are for, how do you think anyone in line is going to know what they are for?"  I just saw her last week and I still kill her with kindness to this day.  I have been going to this pharmacy for 14 years, so trust me, they know better now.

Give 'em hell, Molten, GIVE 'EM HELL!

~Cindy

[allanq]

Molten,

Your post made me furious at that pharmacy worker.

I'm always amazed when total strangers ask the most personal questions. One way to deal with it is to turn it around and ask them, "Why do you want to know?" That turns the tables and can help cut short such intrusions.

I do hope you'll follow up on this and get that lady fired. Her behavior was outrageous.

Allan

[edfu]

Take that beeyatch to court!!!!

[Buckmark]

Just to echo what everyone else has said here, it seems to me that this is a violation of HIPAA.  As well as unprofessional and ridiculously nosy.  I'd expect a cashier in a pharmacy to be more sensitive.  I can't imagine why she would question you like this, access your pharmacy records, and then question you and your father again on a return visit.

I hope you do contact her manager about this.  The pharmacy owes you an explanation.  And they need to make sure it doesn't happen again, to you or anyone else.

Regards,

Henry

[Dragonette]

I'm also livid. I think this is criminal behavior because the woman is using personal info to harrass customers, and i am sure you're not the only one. She should not be working there or at all. Asides from what everyone says, I am wondering if you can go to the police? If not get a lawyer and sue the whole pharmacy chain, that will bring her the biggest punishment and shame even if the suit doesn't follow through. I know of cases where had been compensated extremely generously for being called something derogatory by a worker in a big chain, and that's not even in the US, where a cop just put a McDonalds worker in custody for over-salting his burger... It's completely in public interest to go to the papers too as anyone passing thru that place can be subjected to the evil whims of the bored bitch.

[DanielMark]

What a buffoon. I would also consider legal action against this person. She has violated not only decency but confidentiality. I fart in her general direction.

 

[Jeffreyj]

This is disgraceful. I would take it as far as you feel is necessary. You certainly have a case, so do what makes you feel good.
Me: I'd teach her a lesson, and take it all of the way up the ladder.
Good luck.

[RapidRod]

Molten,
To hell with the HIPAA violation, my ass would have went to jail. I would have decked her. She doesn't have the right to question you on your meds and it wasn't any of her business to begin with. I would have made the biggest scene in that store that they had ever had.

[J.R.E.]

Molten,

Her behavior is totally unacceptable, and unprofessional, and no doubt, I  believe your privacy rights were intruded upon. I'de have her ass out the door in a heartbeat. There is no need for her to discuss the medication that you on on, or other details of your life.

Its one thing to discuss medications with the pharmacist, but it's none of her business.


Ray
 

[Jena]

Something similar happened to me a couple of years ago. I contacted the ACLU ,  http://www.aclu.org/ and they begged me to let them handle the problem for me. Although I decided  not to follow through because it involved my employer I was glad to know they was an agency that was willing to  help. When you go to the web site theres a list on the right hand side of the page that has HIV/ AIDS, click on it, on the next page theres a place that you can click on ( on the left hand side) where you can report discrimination and  it will give you all the information you need to file a complaint.
 Please do all you can to make this woman pay for such a stupid act!!
Jena

[Moffie65]

All of the above are correct, except for the little detail of calling.  I highly recommend that this be done with the store manager face to face, and in writing, and include your father.  Also, investment in a small recording device would insure the manager's  conversation be recorded for the "ACLU", attorneys, and anyone else who will be involved.  Also I must caution that pursuing this will entail the possibity of you being outed in your community, so please think long and hard about that.  Personally, I would say go for it, as a suit against this retail outlet would be handled at corporate and would end up being in the millions, so please don't screw up the foundation details that are now taking place.

This person should not only be fired, but possibly imprisoned for their actions.  At the very least, probation.  This is an offense that is something that a retail pharmacy cannot tolerate, as it will surely put them out of business at some time in the near future.

Just my thoguhts.

Love,

[woodshere]

Moffie is definitely right in doing this face to face.  As a former manager for a major grocery outlet, face to face complaints were dealt with much quicker.  If this is a major pharmacy outlet I would also call the customer service line at corporate. This will guarantee followup with the appropriate action being taken.  That might be all you really want.  However if you want to take it farther Moffie makes another valid point of being prepared for outing.

Keep us informed,
Woods

[Steven]

Wow, I read this and figured I should respond since I am also in a situation where my privacy rights were violated but this was done by the PA State Agency themselves inadvertently outing us in the re certification process.

Moffie has given you the best advice possible. Remember if she is fired she may blab to someone else in your community or already has done so.
I live in a small community and I know how something like this can get out and make your life a living hell.

The ACLU is a good place to contact. In my State there is a Law Project that handles cases like this. If you have a CM check with them to see if you have something in your state to help you handle this.
The ACLU is good but they may want to make it a big splash and you need to decide what is best for you. Before you begin ask questions!!!


It is not fun but you must react to this now or it would just get worse in the future.

Good luck

[structuredjen]

I had a somewhat related situation with the health department-

The day my bf and I went to get tested, we were told we could come back the following week for results.  We both made our appointments, mine earlier than his.  We were told that if the result is positive someone from the state would be coming to tell us.

Fast forward to results day, - I go in first.  It's a different nurse than the one who drew the blood.  I'm negative. But she goes on and on about safe sex, and encouraging me to come back for a 3 and 6 month.  Seemed protocol, yet seemed a little over the top.   But then she completely blew it.   We wrap up quickly, about a half hour before my bf's scheduled appointment - and I say to her, "Can you guys see my boyfriend now? I have to get to work and I'd really like to be here for him".  She replies, "No, someone else is coming to talk to your boyfriend."

There I sat, knowing I was negative, and already knowing his positive results as he sat in the lobby not even knowing himself.   I was furious.

Is there recourse against the health department?

[MOONLIGHT1114]

Everyone keep in mind that this "boob" was NOT at the pharmacy, she was the cashier in the front of the store where Molten paid for his soda.  I am thinking this is precisely WHY she doesn't know a damn thing about HIPAA -- because she's not back at the pharmacy counter.  Her manager is in for a surprise!  I can't imagine anyone at a check-out being THAT nosey about someone's prescription, esp when it was already paid for in the back of the store.  Molten should have told her it was anal cream or something, lol.  Second thought, that prob wouldn't have shut this bitch up, either.

Molten, where are you and what's going on?

[Moffie65]

   But then she completely blew it.   We wrap up quickly, about a half hour before my bf's scheduled appointment - and I say to her, "Can you guys see my boyfriend now? I have to get to work and I'd really like to be here for him".  She replies, "No, someone else is coming to talk to your boyfriend."

There I sat, knowing I was negative, and already knowing his positive results as he sat in the lobby not even knowing himself.   I was furious.

Is there recourse against the health department?

To answer your question straight up, probably not.  The counselor you had was probably not the most polished when it comes to counsel, but they didn't do anything wrong in their reply.  They cannot be held accountable for your savy intuition, so in this case, there is probably nothing you could say that would accomplish any good outcome for anyone.  Most states have a difficult time to keep counselors that are really good and have a "good bedside manner" so this is simply a case of choosing the wrong words, or you are very savy. 

Hope this helps, but please keep alert for anything in the future.

Love,

[structuredjen]

I'll take savy Thanks Tim!

I kinda thought that same thing. It was just incredibly upsetting to walk out into that lobby and tell him I was negative and yet he could see that I was definitely not okay.

We did mention it to the social worker from the state in hopes that it would at least get back to the health department in question.  It's not that I want to take them down, I understand it was an unintentional loophole, but I'd just like to make sure that their loophole is filled for the future.

[cjc]

Molten, call her manager and complain. That is private information and none of her DAMN BUSINESS. CALL!!!!!!!!!   Make sure you tell the manager about the comments she made to your father. that bitch needs to be fired.   Best of luck.   Cristy                            okay, the others have a better suggestion, Go see her manager in person. they are right, it will have more impact.

[Miss Philicia]

contact the legal dept of an ASO

[MOONLIGHT1114]

I am learning a lot from this thread.  So, while we're on the topic, does announcing your financial situation (i.e. patient balance, check has bounced, etc.) to the entire lobby violate HIPAA?

My mother had an embarrassing experience TODAY at her long-time allergist's office, and I have a mind to call down there and talk to someone.

~Cindy

[OneTampa]

Molten,

As I type this my fingers are moving fiercely across the keyboard.  Normally I don't advocate high aggressive behavior but in this case even Mother Theresa would say "Bury the bitch and the shack where she works!"  Your post clearly touched and inflamed some nerves in all of us here at this message board as we all deeply feel for you.  We are already in a anxious state with this virus, we sure as hell don't need a fool, in the medical profession or health services, making us feel even more miserable.

Several years ago, I had a similar experience with an uncouth ear nose and throat doctor who was very snippy with me.  I tore him a new tunnel for an asshole and told him not to lay a hand on me. I then promptly walked to the front desk and asked to see the head of the department.  And this was at a highly regarded hospital in the Washington DC area.  I was promptly assigned another doctor who treats my like royalty to this day.

Many here made some very good suggestions encouraging you to contact the pharmacy store management, headquarters, customer service, legal counsel, media etc.

Bottom line--honey, you have the power.  Use it!

Huge hug!

[hakanhass]

I would like to Say I apologize for her ignorant behavior not only should she loose her job, but god has something in stored for her as well. I had a similar situation happen to me but it was a member of an agency in NJ that I was getting HOPWA assistance from who basically in short revealed it to my uncle whom then told my mom and so on and so on. But I reported her to the better business bureau and I filled out a form and they appointed me with the correct state representatives to file the complaint and instead of pay the fines and do jail time she settled out of court.

[MoltenStorm]

Thank you all for your support. Just to let you all know where I am right now, I am seeking legal counsel. I will be speaking more at length with the lawyer tomorrow.

[StrongGuy]

That story is infuriating. I hope your legal counsel goes after the pharmacy full-force and, at the very least, she loses her job.

[emeraldize]

http://www.rcfp.org/taping/index.html

Re: Moffie's advice. In case any of you are ever inclined (haven't we all been at one time or another?) to record someone without their knowledge whether live or via phone, know your state's laws first so as to keep your tit out of the legal ringer. Check the guide on the left-hand side for state-by-state info.

[MOONLIGHT1114]

Molten~

Has anything transpired since last week?  I hope you're doing OK, and getting ready to unleash pure hell on that store!

~Cindy