Posted on 10/06/2022 7:51:37 AM PDT by Red Badger
I had some standard blood tests done a week or so ago, annual physical type tests for a 67 year old man.
I got the results sent to me by the commercial Lab via email in a couple of days, so I knew what the results were, nothing special.
Then, three days ago, I get a message on my home phone answering machine from my doctor's office, a nurse or PA was READING THE RESULTS ALOUD onto the answering machine, and making commentary at the same time, like "That's a little high." or "This one is troubling." etc.
My question is this:
Does this violate the HIPAA Laws?
Since I'm not the only person that uses this phone, anybody can press the messages button and get the readings.
Is this 'professional' misconduct?
I thought that a conference with discussion of your health problems was private matter...................
Depends on whether or not you signed permission to allow the office to leave results on your phone; it would have been among the HIPAA papers you signed the first time you went there.
It’s interesting to see the way his healthcare is handling this. I have told my healthcare providers they can leave a message since I am the only one that can access the phone (hacking notwithstanding)
Even the automated calls require a press 1 if you are “patients name’ before they leave a message.
When filling out forms at doctors’ offices, I have commonly seen questions asking permissions for various ways they may contact you to provide info (email, text, phone voicemail, etc.). If you gave permission on one of those forms, then they have not violated any HIPPA laws. I don’t know if that’s the case, just sharing my own experience.
May physician’s offices or pharmacists leave messages for patients at their homes, either on an answering machine or with a family member, to remind them of appointments or to inform them that a prescription is ready? May providers continue to mail appointment or prescription refill reminders to patients’ homes?
Answer:
Yes. The HIPAA Privacy Rule permits health care providers to communicate with patients regarding their health care. This includes communicating with patients at their homes, whether through the mail or by phone or in some other manner. In addition, the Rule does not prohibit covered entities from leaving messages for patients on their answering machines. However, to reasonably safeguard the individual’s privacy, covered entities should take care to limit the amount of information disclosed on the answering machine. For example, a covered entity might want to consider leaving only its name and number and other information necessary to confirm an appointment, or ask the individual to call back.
A covered entity also may leave a message with a family member or other person who answers the phone when the patient is not home. The Privacy Rule permits covered entities to disclose limited information to family members, friends, or other persons regarding an individual’s care, even when the individual is not present. However, covered entities should use professional judgment to assure that such disclosures are in the best interest of the individual and limit the information disclosed. See 45 CFR 164.510(b)(3).
In situations where a patient has requested that the covered entity communicate with him in a confidential manner, such as by alternative means or at an alternative location, the covered entity must accommodate that request, if reasonable. For example, the Department considers a request to receive mailings from the covered entity in a closed envelope rather than by postcard to be a reasonable request that should be accommodated. Similarly, a request to receive mail from the covered entity at a post office box rather than at home, or to receive calls at the office rather than at home are also considered to be reasonable requests, absent extenuating circumstances. See 45 CFR 164.522(b).
Technically it probably is a violation.
However, I would cut them some slack if you have been going there for a while. These days most people use their cell phones and the messages are private. AND they probably get grief from their patients who cannot look up or understand their results.
That said, if it bothers you…have them make a note to nor call and leave that info as you have the results and understand them.
It’s easy to get “hurt” these days. Give them a break on their first mistake.
Don’t ask me.
I’m a Neurosurgeon, not a lawyer.
It will depend upon the particular HIPAA for you signed in the office. There may have been language in there that granted the provider the ok to leave a message. You can always ask the provider office to review and revoke that portion of the permission.
They probably consider it an office visit and bill you for it or bill the insco. or register it as an encounter and get cap payment. You could send a letter and advise them that the phone is a public phone and can’t be used to transmit PHI.
Sounds like you should call your doctor and speak with them in person. At most, you should tell them that you find it “inappropriate.” Nothing angry or threatening.
I am a Veterinarian and I do not leave medical information at a number unless it clearly identifies the owner’s name before the recorder comes on -— such as leave a message for “John Smith” recording. Perhaps I am too careful, but sometimes one owner doesn’t want the other owner to know the information for whatever reason. No need to court trouble.
Depends: Are you, in fact, a 67-year-old man?
I mean: Are you absolutely sure that you aren't actually a 23-year-old woman?
How do you identify / what are your pronouns today?
Regards,
My pronouns, in case anybody asks, are:
Your Majesty
Your Royal Highness
but I will accept ‘Your Grace’ in informal settings..................😎
My dog can’t use the phone.
He made too many calls to Phone-Porn numbers.................😉
Show me your jab card.
There are no hippa laws anymore.
My dog ate it........................😎
You likely checked a box on intake forms that gave permission, or they made a mistake.
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