Was this a A Violation of Hipaa?

Published

On Monday I went to see a new doctor , and after driving 45 min i got to the office . I walked in and gave the nurse my name , the nurse looks at my guide dog and tells me to go outside and get my driver to help me with my paperwork and to put my guide dog in the car . Well I tell the nurse NO I will not put my guide in the car and ask her why my driver needs to do my med . Paperwork ? She tells my they are busy and can not help me ..

Well fine so off i to try to fine someone to help me , and after some begging I got my driver to come in a fill out the paperwork , so we are now siting in the waiting room and my driver is reading out lould all of my meds, asking my when my last pap was , did I have - , Reading my ss number , and so on I am getting really upset because the hole waiting room is just looking at me .

Then a 2nd nurse comes out and tells me that the doc . Is scard of dogs and does not want to see me with my guide . At this point I had had it I just left . I should have just made them see my with the dog but I saw no point in that because you will not good care .

Up Vote Up Vote ×
Specializes in Peds, School Nurse, clinical instructor.

I am not sure if this was a HIPAA violation by the healthcare provider as they did not share your info, they did however put you in a situation where your driver inadvertently shared your info. Either way this is extremely wrong ethically, morally and legally. I am very sorry you were put in this situation.

Up Vote Up Vote ×
Specializes in Cardiac, ER.

I don't see a HIPAA violation, but very unprofessional, rude care! I wouldn't go back!

Up Vote Up Vote ×
Specializes in Critical Care.

Not really a straightforward HIPAA violation but it does sound like a violation of the ADA, and a two-fer at that. If a restaurant can't deny you access with your guide dog I'm not sure why a doctor's office would be able to, and refusing to assist you fill out the paperwork that includes personal privileged information isn't exactly making "reasonable accommodations" as the ADA requires.

Up Vote Up Vote ×
Specializes in Critical Care, Nsg QA.

This is worthy of a complaint, but I'm not sure to whom it should be addressed. The local AMA, possibly?

Up Vote Up Vote ×
Specializes in Pediatrics.

With all due respect, this whole situation sounds a bit "off". Just too many things that do not sound right here.

And if this was really the way it went down, you need to find a new doctor AND you need to advocate for yourself while receiving care.

Up Vote Up Vote ×
Specializes in Clinical Research, Outpt Women's Health.

Next time let them know of your special needs before so they can send you the paperwork and you can do it in privacy. They had no right to not allow your dog. Find another doc and do the paperwork and bring it with you!

Up Vote Up Vote ×
Specializes in Float.

If this the true way the situation went down then you should take legal action with the ADA, however as an employee of a hospital i have learned that sometimes the patients tend to take situations and distort them. I would love to hear the team of the provider's side of the story. Not saying they were right because if that was a busy day for them as you said, it could have very well been some upset unprofessional play not because of you but because of the situation or busy day as a whole. Unfortunately people with disabilities are often the target for discrimination and unfair treatment far too often. There was no HIPAA violation involved because the healthcare team simply did not help you however you stated "driver" and I'm wondering is this person someone you know well enough to state your medical history to not to mention aloud in the waiting area. If I was the nurse I would have asked you to come in the back into a separate room so that this information could be filled out comfortably. I can almost gaunrantee you that the chart is probably not filled out as accurate as it could've been. I would have been too embarrassed to answer some of the questions in a waiting room full of people starring all I would have thought about was just hurry up and turn it in. If this is all true tell your doctor that you felt very uncomfortable and was treated unfairly and that there are more doctors that can treat you medically as good or better than he can with better respect then leave.

Up Vote Up Vote ×
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
On Monday I went to see a new doctor , and after driving 45 min i got to the office . I walked in and gave the nurse my name , the nurse looks at my guide dog and tells me to go outside and get my driver to help me with my paperwork and to put my guide dog in the car . Well I tell the nurse NO I will not put my guide in the car and ask her why my driver needs to do my med . Paperwork ? She tells my they are busy and can not help me ..

Well fine so off i to try to fine someone to help me , and after some begging I got my driver to come in a fill out the paperwork , so we are now siting in the waiting room and my driver is reading out lould all of my meds, asking my when my last pap was , did I have - , Reading my ss number , and so on I am getting really upset because the hole waiting room is just looking at me .

Then a 2nd nurse comes out and tells me that the doc . Is scard of dogs and does not want to see me with my guide . At this point I had had it I just left . I should have just made them see my with the dog but I saw no point in that because you will not good care .

Hummmm.......HIPAA? Probably not although really tacky and thoughtless of the staff. You say nurses but they are usually medical assistants in the doctors offices. Discrimination and violation of the American Disabilities Act yes. File a compliant with the ADA and report them to JACHO for quality issues and non compliance. (yes JACHO does look over MD's offices)

Up Vote Up Vote ×
Specializes in ER/ICU/STICU.

After doing some more research I retract my previous statement.

Up Vote Up Vote ×
Specializes in Peds, School Nurse, clinical instructor.
As far as HIPPA I don't see a violation. However I'm going to disagree with others about being accommodated for your disability (for which I'm sure I'll get slammed for). I agree that the doctors office could have handled the situation better. However the doctor does have the right to refuse to see you as a patient, especially since you were not yet a patient. If he does in fact have a fear of dogs, why should he have to subject himself to that fear in order to see you? Another issue is that other patients are being exposed to your service dog and they could be allergic or a severe asthmatic. I don't see any recourse as far as making a "lawsuit" as someone else suggested. You are always free to consult an attorney, but don't be surprised if you don't like the answer.

Honestly I think this could have been avoided by having the guide dog remain in the car and having the staff escort you to the room and assist you with anything you needed.

Are you serious???? Have you heard of the ADA?

Up Vote Up Vote ×
Specializes in Cardiac.

This is a clear and cut case of a violation of ADA. Lawyer up and go to town on the doc...

Up Vote Up Vote ×
+ Join the Discussion