Quantcast

Subscribe to:
POZ magazine
E-newsletters
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr MySpace
POZ Personals
Sign In / Join
Username:
Password:
Welcome, Guest. Please login or register.
July 31, 2014, 10:32:08 AM

Login with username, password and session length


Members
  • Total Members: 23092
  • Latest: mangasa
Stats
  • Total Posts: 632503
  • Total Topics: 47901
  • Online Today: 265
  • Online Ever: 585
  • (January 07, 2014, 02:31:47 PM)
Users Online

Welcome


Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: HIPAA violation?  (Read 4327 times)

0 Members and 1 Guest are viewing this topic.

Offline MoltenStorm

  • Member
  • Posts: 477
  • Poz & Fabulous
HIPAA violation?
« on: September 11, 2007, 10:18:25 PM »
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."
« Last Edit: September 11, 2007, 10:21:21 PM by MoltenStorm »
"Love is always patient and kind. It is never jealous. Love is never boastful nor conceited. It is never rude or selfish. It does not take offense and is not resentful. Love takes no pleasure in other people's sins, but delights in the truth. It is always ready to excuse, to trust, to hope, and to endure whatever comes." - 1 Corinthians 13:4-7, adaptation in A Walk To Remember

CD4: 555 / 29% / Undetectable - 7 Nov 2006
CD4: 555 / 29% / Undetectable - 5 Feb 2007

Offline AlanBama

  • Member
  • Posts: 3,604
  • Alabama: the 'other' 3rd World Country!
Re: HIPAA violation?
« Reply #1 on: September 11, 2007, 10:29:23 PM »
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
"Remember my sentimental friend that a heart is not judged by how much you love, but by how much you are loved by others." - The Wizard of Oz

Offline MoltenStorm

  • Member
  • Posts: 477
  • Poz & Fabulous
Re: HIPAA violation?
« Reply #2 on: September 11, 2007, 10:32:14 PM »
I'm currently looking up how to report the violation with the Office for Civil Rights which covers HIPAA violations.
"Love is always patient and kind. It is never jealous. Love is never boastful nor conceited. It is never rude or selfish. It does not take offense and is not resentful. Love takes no pleasure in other people's sins, but delights in the truth. It is always ready to excuse, to trust, to hope, and to endure whatever comes." - 1 Corinthians 13:4-7, adaptation in A Walk To Remember

CD4: 555 / 29% / Undetectable - 7 Nov 2006
CD4: 555 / 29% / Undetectable - 5 Feb 2007

Online aztecan

  • Member
  • Posts: 5,387
  • 29 years positive, 56 years a pain in the butt
Re: HIPAA violation?
« Reply #3 on: September 11, 2007, 10:40:29 PM »
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
« Last Edit: September 11, 2007, 10:48:21 PM by aztecan »
"May your life preach more loudly than your lips."
~ William Ellery Channing (Unitarian Minister)

Offline Life

  • Member
  • Posts: 2,388
  • Member 2005
Re: HIPAA violation?
« Reply #4 on: September 11, 2007, 10:48:43 PM »
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

Offline J220

  • Member
  • Posts: 587
Re: HIPAA violation?
« Reply #5 on: September 11, 2007, 10:52:45 PM »
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.
« Last Edit: September 11, 2007, 11:01:16 PM by J220 »
"Hope is my philosophy
Just needs days in which to be
Love of Life means hope for me
Born on a New Day" - John David

Offline milker

  • Member
  • Posts: 4,034
  • Protected phone sex
Re: HIPAA violation?
« Reply #6 on: September 11, 2007, 10:58:27 PM »
WTF?

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

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline HealthyMomma

  • Member
  • Posts: 128
Re: HIPAA violation?
« Reply #7 on: September 11, 2007, 11:10:29 PM »
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!!!! >:(

Offline J220

  • Member
  • Posts: 587
Re: HIPAA violation?
« Reply #8 on: September 11, 2007, 11:15:52 PM »
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.
« Last Edit: September 11, 2007, 11:24:03 PM by J220 »
"Hope is my philosophy
Just needs days in which to be
Love of Life means hope for me
Born on a New Day" - John David

Offline TopherK

  • Member
  • Posts: 13
Re: HIPAA violation?
« Reply #9 on: September 11, 2007, 11:26:40 PM »
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)
Diagnosed August 17, 2005
12 Jul  07 v/l 722   CD4 558  31%
10 Oct 07 v/l 1132  CD4 456  21%
08 Feb 08 v/l <50!  CD4 510  30%
09 May 08 v/l 1128  CD4 669  30%
06 Aug 08 v/l 1126  CD4 618  29%
06 Dec 08 v/l 248    CD4 630  30%
01 May 09 v/l 2626  CD4 529  28%
05 Jul 09 v/l 2616    CD4 524  28%
21 Oct 09 v/l 4201  CD4 763  30%
19 Nov 09 - start Truvada/Reyataz/Norvir & Predisone for chronic inflammation
11 Dec 09 v/l 114    CD4 700  31% - switch Reyataz/Norvir to Isentress
currently  v/l <50  CD4 ~560  30%

Offline MOONLIGHT1114

  • Member
  • Posts: 1,918
  • Cheech 2.2.94 - 4.23.10 We miss you so much!
Re: HIPAA violation?
« Reply #10 on: September 11, 2007, 11:42:40 PM »
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
« Last Edit: September 12, 2007, 02:14:02 AM by MOONLIGHT1114 »
HIV+ since '93, 1/12 - CD4 785 and undet.   WOO-HOO!!

Offline allanq

  • Member
  • Posts: 689
  • still life with pills
Re: HIPAA violation?
« Reply #11 on: September 11, 2007, 11:44:34 PM »
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
Top (Breakfast): Prezista, Norvir, Isentress, Zoloft (2), Glyburide (2), Aspirin
Bottom right (Dinner): Prezista, Norvir, Isentress
Bottom left (Bedtime): Sustiva, Trazodone (2), Lipitor, Septra (no longer taking this)
Center: Alprazolam (Xanax)
Not shown: various vitamins & supplements

Offline edfu

  • Member
  • Posts: 1,084
Re: HIPAA violation?
« Reply #12 on: September 12, 2007, 01:53:50 AM »
Take that beeyatch to court!!!!
"No one will ever be free so long as there are pestilences."--Albert Camus, "The Plague"

"Mankind can never be free until the last brick in the last church falls on the head of the last priest."--Voltaire

Offline Buckmark

  • Member
  • Posts: 1,520
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: HIPAA violation?
« Reply #13 on: September 12, 2007, 03:48:33 AM »
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
"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline Dragonette

  • Member
  • Posts: 1,190
  • Spring symptoms
    • NotPerfectAtAll
Re: HIPAA violation?
« Reply #14 on: September 12, 2007, 04:15:49 AM »
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.
"If you keep one foot in yesterday, and one in tomorrow, you piss all over today". Betty Tacy

Offline DanielMark

  • Member
  • Posts: 1,475
Re: HIPAA violation?
« Reply #15 on: September 12, 2007, 04:29:01 AM »
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.

 >:(
MEDS: REYATAZ & KIVEXA (SINCE AUG 2008)

MAY 2000 LAB RESULTS: CD4 678
VL STILL UNDETECTABLE

DIAGNOSED IN 1988

Offline Jeffreyj

  • Member
  • Posts: 1,403
Re: HIPAA violation?
« Reply #16 on: September 12, 2007, 04:46:46 AM »
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.
Positive since 1985

Offline RapidRod

  • Member
  • Posts: 15,280
Re: HIPAA violation?
« Reply #17 on: September 12, 2007, 06:58:14 AM »
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.

Offline J.R.E.

  • Member
  • Posts: 7,099
  • Joined Dec-2003 Living positive, since 1985.
Re: HIPAA violation?
« Reply #18 on: September 12, 2007, 07:30:05 AM »
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
 
Current Meds ; Viramune, Epzicom, 40mg of simvastatin, 12.5mg of Hydrochlorothiazide.
Metoprolol tartrate 25mg



http://forums.poz.com/index.php?topic=40802.0

http://forums.poz.com/index.php?topic=45159.0

http://forums.poz.com/index.php?topic=39722.msg495621;topicseen#msg495621

http://forums.poz.com/index.php?topic=46806.0

http://forums.poz.com/index.php?topic=39414.msg491701#msg491701


 In October of 2003, My t-cell count was 16, Viral load was over 500,000, Percentage at that time was 5%. I started my first  HAART regimen  on October 24th,03.

 As of 6/4/14,  t-cells are at 423, Viral load <40

 Current % is at 13% 

  
 62 years young.

Offline Jena

  • Member
  • Posts: 101
  • To God Be The Glory!
Re: HIPAA violation?
« Reply #19 on: September 12, 2007, 08:32:51 AM »
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
« Last Edit: September 12, 2007, 08:38:22 AM by Jena »

Offline Moffie65

  • Member
  • Posts: 1,755
  • Living POZ since 1983
Re: HIPAA violation?
« Reply #20 on: September 12, 2007, 10:56:42 AM »
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,
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline woodshere

  • Member
  • Posts: 1,477
  • ain't no shame in my game
Re: HIPAA violation?
« Reply #21 on: September 12, 2007, 11:43:41 AM »
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

"Let us give pubicity to HV/AIDS and not hide it..." "One of the things destroying people with AIDS is the stigma we attach to it."   Nelson Mandela

Offline Steven

  • Member
  • Posts: 65
  • Joined: Dec 2002
    • A Place To Start
Re: HIPAA violation?
« Reply #22 on: September 12, 2007, 12:06:56 PM »
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

Offline structuredjen

  • Member
  • Posts: 71
Re: HIPAA violation?
« Reply #23 on: September 12, 2007, 02:03:27 PM »
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?




Offline MOONLIGHT1114

  • Member
  • Posts: 1,918
  • Cheech 2.2.94 - 4.23.10 We miss you so much!
Re: HIPAA violation?
« Reply #24 on: September 12, 2007, 02:11:22 PM »
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?
HIV+ since '93, 1/12 - CD4 785 and undet.   WOO-HOO!!

Offline Moffie65

  • Member
  • Posts: 1,755
  • Living POZ since 1983
Re: HIPAA violation?
« Reply #25 on: September 12, 2007, 02:35:35 PM »
   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,
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline structuredjen

  • Member
  • Posts: 71
Re: HIPAA violation?
« Reply #26 on: September 12, 2007, 02:44:00 PM »
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.

Offline cjc

  • Member
  • Posts: 1,011
  • Sweet Girl
Re: HIPAA violation?
« Reply #27 on: September 12, 2007, 03:29:49 PM »
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.
« Last Edit: September 12, 2007, 03:38:06 PM by cjc »

Online Miss Philicia

  • Member
  • Posts: 23,902
  • celebrity poster, faker & poser
Re: HIPAA violation?
« Reply #28 on: September 12, 2007, 03:41:39 PM »
contact the legal dept of an ASO
"I’ve slept with enough men to know that I’m not gay"

Offline MOONLIGHT1114

  • Member
  • Posts: 1,918
  • Cheech 2.2.94 - 4.23.10 We miss you so much!
Re: HIPAA violation?
« Reply #29 on: September 12, 2007, 04:12:24 PM »
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
HIV+ since '93, 1/12 - CD4 785 and undet.   WOO-HOO!!

Offline OneTampa

  • Member
  • Posts: 2,104
  • "Butterflies are free."
Re: HIPAA violation?
« Reply #30 on: September 12, 2007, 06:44:16 PM »
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!
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

Offline hakanhass

  • member
  • Posts: 1
Re: HIPAA violation?
« Reply #31 on: September 12, 2007, 06:50:50 PM »
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. >:( >:(

Offline MoltenStorm

  • Member
  • Posts: 477
  • Poz & Fabulous
Re: HIPAA violation?
« Reply #32 on: September 12, 2007, 09:28:19 PM »
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.
"Love is always patient and kind. It is never jealous. Love is never boastful nor conceited. It is never rude or selfish. It does not take offense and is not resentful. Love takes no pleasure in other people's sins, but delights in the truth. It is always ready to excuse, to trust, to hope, and to endure whatever comes." - 1 Corinthians 13:4-7, adaptation in A Walk To Remember

CD4: 555 / 29% / Undetectable - 7 Nov 2006
CD4: 555 / 29% / Undetectable - 5 Feb 2007

Offline StrongGuy

  • Member
  • Posts: 492
Re: HIPAA violation?
« Reply #33 on: September 12, 2007, 10:58:08 PM »
That story is infuriating. I hope your legal counsel goes after the pharmacy full-force and, at the very least, she loses her job.
"Get your medical advice from Doctors or medical professionals who you trust and know your history."

"Beware of the fortune teller doom and gloomers who seek to bring you down and are only looking for company, purpose and validation - not your best physical/mental interests."

"You know you all are saying that this is incurable. When the real thing you should be saying is it's not curable at the present time' because as we know, the great strides we've made in medicine." - Elizabeth Edwards

Offline emeraldize

  • Member
  • Posts: 3,335
Re: HIPAA violation?
« Reply #34 on: September 12, 2007, 11:05:42 PM »
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.

Offline MOONLIGHT1114

  • Member
  • Posts: 1,918
  • Cheech 2.2.94 - 4.23.10 We miss you so much!
Re: HIPAA violation?
« Reply #35 on: September 17, 2007, 12:20:41 PM »
Molten~

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

~Cindy
HIV+ since '93, 1/12 - CD4 785 and undet.   WOO-HOO!!

 


Terms of Membership for these forums
 

© 2014 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.