HIPAA violation or heads-up?

  1. We had an incident at work the other day where a patient on a schedule 2 medication (requiring a written script) was found to have altered said script. The pharmacy called and then faxed a copy to us. It was blatant and not even a particularly good effort. This patients meds were canceled and he's no longer our patient.

    My question... if his new physician calls or requests records, are we legally allowed to divulge this info?

    Thanks in advance, never had one do this before.
  2. Visit AngelfireRN profile page

    About AngelfireRN, APRN

    Joined: Jul '07; Posts: 1,455; Likes: 4,067


  3. by   schroeders_piano
    Could you make a progress note stating what the patient did and that you were "firing" him as a patient? The progress note goes with him with his medical records and the new provider can see what happened. On a side note, why wasn't the cops called?
  4. by   nitasarn
    I agree with the previous post to just write a progress note and keep it like that. Also, I dont believe the cops can do anything unless they are caught with the drugs in hand. Which by the time they figure out the the script wasnt filled the jig was probably already up.
  5. by   BCgradnurse
    I've made sure everything was completely documented, so the info was available. I've also called the police when this has occurred. Falsifying a prescription is a criminal act.
  6. by   morte
    fraud is not protected by HIPAA.
  7. by   traumaRUs
    Unfortunately, Ive had this happen in the days before eprescribing. Yes, I documented completely.
  8. by   AngelfireRN
    I'm not certain if the pharmacy called the police. That's left to their discretion. We notify the local drug task force about a potential problem.
    Thank you all for the input. I apologize for my tardy reply. My baby is teething and giving his Mama heck.
    I will say, I'm not looking forward to dealing with him...he's built like a tank.

    Again, thank you.