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.
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.
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,
Show me your jab card.
There are no hippa laws anymore.
You likely checked a box on intake forms that gave permission, or they made a mistake.