Hippa Gone Wild

[9309]

Ok, just a short rant.

I need a copy of my own health records from our occupational health. (Immunizations, etc.) I called, and asked if they could send a copy to me. The secretary was more than happy to help, as long as I fax a release. I did not give her a hard time, or even mention the silliness of that rule.

Think about it: Why would I have to sign a document allowing them to release information to me. I am obviously entitled to the information.

What is the possible downside to releasing my information to me? Is there a concern that I would sue the office for violating my privacy rights? As in: "You have no right to give me my healthcare information! I now know things about me that I have no right to know."

The problem is not the minor inconvenience to me. The problem is that people do not feel empowered to use commmon sense.

Maybe I am missing something, and this requirement actually makes sense. Any thoughts?

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[nightmare, RN]

As I see it you called,therefore you could have been anybody on the phone requesting this information..She is just covering herself.

[Asherah, BSN, RN]

I believe its the simple fact that they will need to keep something on file to prove that they released to records to you (with your legitimate signature) and not someone simply claiming to be you. Simple case of CYA.

[correctlywrong]

They are covering their tails. If, later, you tried to say that they had given a copy to someone in your family that you hadn't wanted to have it, they could pull the release and be able to prove that they had given you a copy, and thus that your family member must have gotten it from you.

At my facility, we can get fired for looking at our own chart. And it has happened people before.

[9309]

There is some logic to the above, but- I wanted it sent to me. While it's possible that somebody else could open my mail, that's a federal crime, and my signing a release has nothing to do with it.

As far as being fired for looking at your own chart- Why? what was the basis?

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[cjmjmom]

It is NOT a violation of HIPPA for a person to examine their own medical information however IF the hospital/healthcare facility has a POLICY prohibiting a person from viewing her/his OWN information then she/he can be fired for violating company policy...big brother has to have his hand in everything so we never forget who has the [perceived] power!

[pagandeva2000, LPN]

I agree with the above. While it may have been inconvienent, think about what would have happened and how you would have reacted if your information was just sent out without your knowledge.

I have seen wild thing happen due to HIPPA mistakes. One time, medical records made a grave error by faxing an entire medical file of over 200 pages to someone's home fax machine. The person was so outraged that he went to the hospital with all of those papers, demanding for replacement of his papers wasted for this mistake. He also stated that he now has access to this stranger's information; including address and phone number. If he wanted to, he could have called that patient and told him his entire life's story. What if it was someone that he knew?

I see the reasoning for following policy and procedure. I don't want my job in jeopardy, and I am sure this person doesn't, either.

[NJNursing, ASN, RN]

It does seem frivolous, but it's a HIPAA requirement. Every year I have to sign a HIPAA statement. I never read it, I just sign it. I could understand them needing a release. For all they know you're Joe Schmoe calling for your records and you could put any old signature and they could mail it out to any old house or any fax machine. At least with a release if it turned out that someone was fraudulently getting your records they have something to show the signature of the release and if you wanted to pursue it, they'd have some sort of proof that it wasn't your signature or whatever. Yes it's your records and you're entitled to it, but they just legally need a release more to prove that you are who you are. You'd be surprised at how many family members want health information on people who really don't want it given out. People will lie out of their butts to try to gain info, and it's often a family member who is on the outs with the patient or other family members. It's a very messy situation and I'm sure the office just wants to cover their butt.

[Daytonite, BSN, RN]

The law has to be obeyed and there are also state laws as well as HIPAA that protect medical records and people's privacy and confidentiality. I'd just as soon not risk identity theft.

I get copies of my own health records all the time. Sometimes I write for them in which case they want a signed letter with identifying information so they can find the right record (date of birth, SS#, date of service). Sometimes I waltz into the medical records department of the hospital and ask for them. They flat out want to see my photo ID and have me fill out a standardized "Request for Medical Information" form each and every time I show up. If I am in my doctor's office they just xerox what I'm asking for because they know me and hand it over.

I remember this old thread that might interest you. It was about a crazy medical records worker who was threatening to reveal information she had learned about another nursing student from their medical files. It's because of kooks like this that we have these laws:

• https://allnurses.com/forums/f8/hippa-violation-185317.html

[Ima Nurse]

Yep! It is because of kooks that we have to have HIPAA. It used to annoy me to because I felt like common sense should be used. That was until I had a HIPAA violation happen against my daughter. My daughter goes to speech therapy and she also received OT and PT at the same therapy center. Another mom of a child who received services there started being friendly with me. At first I was flattered by her attention then it became annoying and finally ending up being completely intrustive, disruptive and harrassing.

Long story short, the ST was sharing private info regarding my daughter with the other psycho mom! She told me about different conversations the therapists had with our insurance company in regards to a payment issue we were having. Not cool. I knew she was telling the truth because she told me stuff that was true but I had not shared with her because it was none of her business.

The scary part of it was she got this info by telling the ST that she was my "best friend." The psycho was calling our house and my cell phone 20-30 times/day filling up our answering machine. I ended up contacting the police and filing harrassment charges against her. I had to take my daughter out of that therapy clinic and start all over with new therapists. I didn't file a HIPAA complaint because I didn't have any proof. It was all verbal what she told me. The ST denied telling the psycho mom anything. The ST had shared info with the psycho mom that the OT and PT had shared with her. So they weren't punished legally, but they all 3 lost a multi visit per week client.