doctor's office accessing of scripts

Nurses HIPAA

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right about now I am ripshoot (george carlinism)....went for a work physical at a doctor's office that I have no prior relationship with and will have no further relationship with, and the MA looks at the screen and says "so, you take x and y meds....." I ask her how she knows this, since I didn't give permission nor a list, and she says if you use insurance to pay for it, we can see it......WITHOUT MY FREAKING CONSENT....! I got copies of the consents i signed, on the way out of the office, don't see it anywhere!!!!!....This seems like a hipaa violation to me, they had no need, hence no right. I am feeling ...angry, hurt, humiliated, stupid.......this on top of no steady job at the moment......really great freaking day I have had.....So, so much for privacy....

I'd be ****** too.

Isn't that what HIPAA is all about though? Portability?

So that anyone caring for you has access to all of your records, history, etc.

If the meds were prescribed or filled by a provider within a particular network or system, then that information would be available to any provider within the network/system.

If you want to receive "anonymous" healthcare, use a pseudonym and pay cash.

I don't know of any other means to "hide" information from a provider, nor any reason to justify doing so.

You're going to have a change of heart come January, 2014.

Your tone is very combative. You may not get only opinions that you agree with here, but nevertheless they are valid points. No one is patronizing because they don't agree with you.

Clearly there IS something that's a problem, and it's not just the principle. You did not want to office to know about the medications you were taking and are very upset that they found out. Your comment about having the option to walk out suggests that you would not have been forthcoming with the information if you were asked and would rather forfeit the job (work physical) instead of disclose your medication use. Regardless of what medications you're taking, if you were at the doctor's office for a physical that assessed your ability to competently work, then they need to know what medications you are taking. That information was made available by your insurance company. If you don't like it, then you need to talk to your insurance company and find out why it's allowed and if you can do anything to stop it.

What you need to understand is that you don't have to sign a consent form for every little thing. When a patient is admitted to the hospital they sign one general consent form. They don't sign a consent for an IV, another consent for a blood draw, another consent for an x-ray, another consent for an NG tube, another consent for medications, another for IV fluids, etc. When you signed a consent to be seen at the doctor's office, that includes consent for them to access your medical information. I apologize if you were not aware of this or don't agree with it.

There's MUCH wrong with this post, as far as HITECH>HIPPA>and other federal mandates goes. Too much to get into.

Caveat: There is no privacy, regardless of what laws are in effect.

two points i haven't seen mentioned here:

1) isn't it possible that when the person taking your history (in this case, the ma) looks at your record and asks, "you're taking x & y meds, is that right?" that's an opportunity for the patient to say, "no, that's not accurate, are you sure you're looking at my chart?" the last time i went to have a routine exam and lab draws, i got asked my name and birth date several times; this sort of recheck is common to prevent errors. i hear you that you, yourself, are ripped that your information is out there. but in the real world, it isn't all about you; policies that ask for verification with the live person are increasing, and they are not wrong.

2) all of you who are indignant about the ease with which prescription information is available, imagine yourselves at work, in the ed. you have an unconscious, seizing person before you. you have his wallet so you have his name, age, and address. you wish you had some idea of what his medical status and medications are. do you: a) say, "thank goodness there's no possible way for us to find this out because it would be such an invasion of privacy, so we'll wing it from here. we'll have so much more fun this way anyhow!" or b) say, "unit secretary/whomever, get into the database and find out about this guy, stat!"

Be careful what you ask for. You might get it.

HIPAA was also designed for medical records to be accessible to those who need them in giving you care. It's not just about keeping things hidden. I would love my meds to be accessible to my doctors so I would not have to remember to bring them with me all the time. They should always take time to reconcile the list at every visit, though. I just don't understand why you are so upset. I would ask how they got the info to satisfy your curiosity, however.

Oh so wrong, I LAUGHED. It is 'exactly' about keeping things hidden.

As always Esme is 100 percent on the money. I used to also handle all insurance for a practice while I was taking my prereqs for nursing. I'm not talking trash when I say the DATABASE in the sky is real. That, EMR is a way we contribute to hanging ourselves as practioners, and a way for the powers that be (doesn't matter: the government or the insurance companies = we're screwed) to decide who gets what treatment. It's already happening, and will be more final soon, that MDs/RNs will not be who makes medical decisions.

And that database in the sky is already so out of control- GOOD LUCK finding out who violated your privacy...

Please explain to me were I gave permission? This is an office that I have/had no previous association with, in a different state than my PCP, different hospital system.....WERE?

Don't drink the koolaid, go read the laws for yourself. The privacy laws are far more comprehensive that some comments I see in here- just another reason why our privacy is being evaded, because the masses have no idea what is going on. If i were you, I'd contact a lawyer.

Specializes in Vents, Telemetry, Home Care, Home infusion.

Work place physicals are permitted after hiring offer to ensure fitness for duty.

Medical examinations including medication history are permitted by law. HOWEVER, employer does not get access to this information, just examiners conclusions.

[h=3]Workplace Testing: What Your Employer May Require | Nolo.com[/h][h=3]Medical Examinations[/h] Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.

Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work. Many states also impose strict limits on the information a doctor may disclose to an employer or an insurance company without the worker's consent.

Similarly, although an employer may request a medical certification from an employee who needs to take leave under the Family and Medical Leave Act (FMLA), the employer is entitled only to specific information about the employee's need for leave -- not to a full health screening or medical history.

The law also imposes certain privacy protections for the results of a medical examination. Data gathered in medical examinations must be kept in a separate personnel file available only to those with a demonstrable need to know, such as supervisors -- who may need information about the employee's work restrictions or reasonable accommodations -- and first aid and safety personnel (if the employee's disability might require emergency treatment).

Workplace Testing: What Your Employer May Require | Nolo.com

You may possibly live in a state where the prescription information is located on a state wide database.

That is put in place for two reasons:

1. Patient safety...it's important that any physician you know what you are taking, whether you wish you hide it or not. Lying to the physician is putting them and you at risk.

2. Drug seekers...it makes their job harder to obtain prescription medications illegally.

I don't live in a state with a database except for narcotics but I do border a state that does.

reread, a one time visit for a particular service. no meds involved. Portability for MY benefit, not my loss. Small town, could have cost me the job.....

Isn't that what HIPAA is all about though? Portability?

So that anyone caring for you has access to all of your records, history, etc.

Work place physicals are permitted after hiring offer to ensure fitness for duty.

Medical examinations including medication history are permitted by law. HOWEVER, employer does not get access to this information, just examiners conclusions.

I am thinking you have never lived in a small minded, small town. Just as tales are spread about nurses amongst employers, I have no doubt that things of interest get around. HIPAA or not.
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