HIPAA Violation?

Nurses HIPAA

Published

Would it be a HIPAA violation if a LAB Company sends women (who they performed the testing on their PAP tests) a reminder postcard indicating it's time for their "Annual Well Woman Exam"? Postcard states "It's Time for Your Annual Well Woman Exam" addressed to Sue Q Smith-Jones. Then a note addressing: Dear Sue, it's time for your annual well woman exam. Please take a moment to schedule your appointment with Dr. George. Physician was not aware of this "service" from the lab reminding his patients about their exam. A side note: Postcard has ended up in the hands of people who live in the neighborhood due to the post office delivery person delivering to the wrong house.

That is a very personal note regarding a person's health.

Specializes in HH, Peds, Rehab, Clinical.

Our dentist sends postcards too: Dear Bucky, just a reminder that you're due for your dental exam and preventative cleaning. Please call us at your earliest convenience to schedule this. We look forward to seeing you!

Gasp! Now my letter carrier knows that I have teeth that I believe in taking care of![

QUOTE=morte;9154045]the only post card i ever received was from an optometrist. i would find any post card from GP or Gyn inappropriately public

Specializes in Healthcare risk management and liability.

^^^My dental postcards have a picture of Tommy the Tooth on them!

Specializes in ICU, trauma.

My PCP sent me a post card saying

"Hi BSN16, everything was normal on your well-women visit! Don't forget to schedule your next one on {insert date}.

My first thought was "OMG-sh how embarrassing! What if someone had read this??"

Then i remembered i'm an adult women and not in 3rd grade anymore. :woot:

Covered entities are expected to accommodate reasonable requests for how an entity communicates with a patient. Requesting that an entity send appointment reminders in a sealed envelope instead of using a postcard is considered a reasonable request and should be accommodated.

198-May providers leave messages for patients at their homes to remind them of appointments | HHS.gov

From the link "For example, the Department considers a request to receive mailings from the covered entity in a closed envelope rather than a postcard to be a reasonable request that should be accommodated."

The OP asked that they not notify her, and they refused. She was told that only the MD can ask for all of his patients to not receive reminders or lab results. Asking that they not communicate with her is a reasonable request that should be accommodated.

Covered entities are expected to accommodate reasonable requests for how an entity communicates with a patient. Requesting that an entity send appointment reminders in a sealed envelope instead of using a postcard is considered a reasonable request and should be accommodated.

198-May providers leave messages for patients at their homes to remind them of appointments | HHS.gov

From the link "For example, the Department considers a request to receive mailings from the covered entity in a closed envelope rather than a postcard to be a reasonable request that should be accommodated."

The OP asked that they not notify her, and they refused. She was told that only the MD can ask for all of his patients to not receive reminders or lab results. Asking that they not communicate with her is a reasonable request that should be accommodated.

thank you!

I apologize for being late in responding to so many comments. I appreciate everyone's comments. Thank you! All the comments give me something to think about or rethink how I feel about a postcard reminder for a private issue.

I did create a new account, as I was unable to remember my password from my previous posts. I'm sorry if that is against the rules.

I also want to apologize to any nurses that I have offended with any of my comments. I have the highest respect for nurses and I don't recall saying anything negative towards nurses. I do recall discussing my surgery and mentioning that I did not appreciate how my pre-op nurse asked my MD to lie to me about not being able to start my IV and she would come in and do it; as well as the OR nurse who gave me the "if looks could kill" when she wasn't the one that I was going to hold on to when my epidural was done. BUT - I still would request all the nurses that I had for my surgery and stay in the hospital and I even wrote that in a letter to the CNO and CEO of the hospital. My daughter will be starting a BSN program in a few weeks and I understand how hard the classes will be and the dedication it takes to go through the program.

I have made many negative comments about medical assistants (who are not nurses), due to the mistakes they have made with my family being on the receiving end. My BP goes up when I hear MA's introducing themselves as nurses.

I enjoy this site tremendously, reading the questions and reading all the answers. I have learned a lot from the variety of comments that are made to some very unique questions.

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
Would it be a HIPAA violation if a LAB Company sends women (who they performed the testing on their PAP tests) a reminder postcard indicating it's time for their "Annual Well Woman Exam"? Postcard states "It's Time for Your Annual Well Woman Exam" addressed to Sue Q Smith-Jones. Then a note addressing: Dear Sue, it's time for your annual well woman exam. Please take a moment to schedule your appointment with Dr. George. Physician was not aware of this "service" from the lab reminding his patients about their exam. A side note: Postcard has ended up in the hands of people who live in the neighborhood due to the post office delivery person delivering to the wrong house.

That is a very personal note regarding a person's health.

I don't see anything priveleged in your post card. Just a generic reminder to schedule an exam. Or is the problem that the people in the neighborhood don't realize you're actually female?

Years ago, my boyfriend and I went on vacation and ate in a Chinese restaurant where the chicken was undercooked. We both got Camphobacter. I'm not crazy about chicken, and I didn't eat much so he got sick first, went to his PCP and got treated. Turns out Camphbacter is reportable. I came home from work to a message on my answering machine that my roommate had already listened to. The message was "This message is for Ruby Vee. You have been exposed to a communicable disease. Please call the Health Department at 555.5555." Now THAT was a HIPAA violation.

Everyone is taking the position that because they don't object to receiving appointment reminders from their provider that the OP should be just fine with it. That is not respecting the OP's values.

I have a problems with the lab sending a reminder.

- First the OP's relationship is with her PCP not the lab. The PCP did not request that the lab send reminders to his patients. He did not even know the lab was doing it. That is overstepping. The provider contracted with the lab to read the pap smear not to communicate with is patients.

- The lab is providing medical advice by telling the OP to schedule an appointment with the provider. The provider should be deciding the schedule at which the OP sees the provider. Based on the OP's medical and family history, the provider may want to see the OP in 3 months or 12 months or 3 years.

- The lab is obligated to make reasonable accommodations regarding communicating with the OP. They refused.

What if the OP is in an abusive relationship. Maybe her SO requires that she see his friend who is an MD, because he knows his friend will not ask the OP if she feels safe in her home. The OP sneaks off and sees another provider. Because of this unwanted friendly reminder the abusive partner now knows the OP has defied him.

Every provider I see asks how they may communicate with you. You can indicate yes or no to phone calls, messages left on voice mail, post card, letter, messages left with a family member, or other. If you indicate post card or letter, they ask what address you want to use. That way you can get mail at a PO Box or a friend's. That is being sensitive to the needs of the patient.

Specializes in Emergency, Telemetry, Transplant.
Everyone is taking the position that because they don't object to receiving appointment reminders from their provider that the OP should be just fine with it. That is not respecting the OP's values.

Obviously the OP's values are important...I think the lab should make accommodations to take the OP off the mailing list.

However, the question asked in the first post was "Is this a HIPAA violation?" The vast majority of the responses indicate that, no, it is not a HIPAA violation.

Specializes in Emergency, Telemetry, Transplant.
Years ago, my boyfriend and I went on vacation and ate in a Chinese restaurant where the chicken was undercooked. We both got Camphobacter. I'm not crazy about chicken, and I didn't eat much so he got sick first, went to his PCP and got treated. Turns out Camphbacter is reportable. I came home from work to a message on my answering machine that my roommate had already listened to. The message was "This message is for Ruby Vee. You have been exposed to a communicable disease. Please call the Health Department at 555.5555." Now THAT was a HIPAA violation.

This is a bit off topic, so I apologize...a fellow nurse was getting short term disability for a knee injury. The NM was emailing the nurse to tell him it was all set up. The NM accidental sent the mail to the entire department...with the subject line "John Smith--STD verified." :wideyed:

Everyone is taking the position that because they don't object to receiving appointment reminders from their provider that the OP should be just fine with it. That is not respecting the OP's values.

I have a problems with the lab sending a reminder.

- First the OP's relationship is with her PCP not the lab. The PCP did not request that the lab send reminders to his patients. He did not even know the lab was doing it. That is overstepping. The provider contracted with the lab to read the pap smear not to communicate with is patients.

- The lab is providing medical advice by telling the OP to schedule an appointment with the provider. The provider should be deciding the schedule at which the OP sees the provider. Based on the OP's medical and family history, the provider may want to see the OP in 3 months or 12 months or 3 years.

- The lab is obligated to make reasonable accommodations regarding communicating with the OP. They refused.

What if the OP is in an abusive relationship. Maybe her SO requires that she see his friend who is an MD, because he knows his friend will not ask the OP if she feels safe in her home. The OP sneaks off and sees another provider. Because of this unwanted friendly reminder the abusive partner now knows the OP has defied him.

Every provider I see asks how they may communicate with you. You can indicate yes or no to phone calls, messages left on voice mail, post card, letter, messages left with a family member, or other. If you indicate post card or letter, they ask what address you want to use. That way you can get mail at a PO Box or a friend's. That is being sensitive to the needs of the patient.

Thank you Anonymous865 ! Thank you for understanding what I'm asking. My provider would not send a reminder through the mail, he would call or text me, but I am responsible for my health and I know when it's time for my exam. My relationship is WITH my provider, NOT the lab and that's why I don't understand where they can "just decide" to offer send results and reminder cards to patients. Thank you!

I'm glad others are okay with reminder cards being sent. We all have that right/freedom! I just don't want a lab to tell me my results or remind me of an exam. My Dentist sends me an email, but usually I'm calling them to make an apt before the email reaches me.

I'm laughing at the one post about "if the neighbors know I'm a woman or not" (something like that). YES -- they know I am a woman, but my neighbors who I know or don't know do not need to receive an open reminder about my exam.

One more time, Thank You for understanding!

Specializes in HH, Peds, Rehab, Clinical.

I ask again, why did you create one account much less two when this forum is not for you. In any way.

I apologize for being late in responding to so many comments. I appreciate everyone's comments. Thank you! All the comments give me something to think about or rethink how I feel about a postcard reminder for a private issue.

I did create a new account, as I was unable to remember my password from my previous posts. I'm sorry if that is against the rules.

I also want to apologize to any nurses that I have offended with any of my comments. I have the highest respect for nurses and I don't recall saying anything negative towards nurses. I do recall discussing my surgery and mentioning that I did not appreciate how my pre-op nurse asked my MD to lie to me about not being able to start my IV and she would come in and do it; as well as the OR nurse who gave me the "if looks could kill" when she wasn't the one that I was going to hold on to when my epidural was done. BUT - I still would request all the nurses that I had for my surgery and stay in the hospital and I even wrote that in a letter to the CNO and CEO of the hospital. My daughter will be starting a BSN program in a few weeks and I understand how hard the classes will be and the dedication it takes to go through the program.

I have made many negative comments about medical assistants (who are not nurses), due to the mistakes they have made with my family being on the receiving end. My BP goes up when I hear MA's introducing themselves as nurses.

I enjoy this site tremendously, reading the questions and reading all the answers. I have learned a lot from the variety of comments that are made to some very unique questions.

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