Topic: Need legal advice....HIPAA right s violated
2roads
Frequent Contributor (1K+ posts)
Member # 4409
posted
I took my son to see a vision therapist (optometrist specializing in VT) a few weeks ago.
He was a jerk. I told him I did not want the school involved with any VT I chose to do for him.
He recommened VT, prism glasses or do nothing.
My child is not having trouble in school at this time. I wanted to rule out big problems like visual field loss. He found non of this, but made up issues.
He was very clever. He had my child follow a pencil out to the side, he delayed in bringing it back in, so my child returned his eyes to central position. He then started bringing it back in. Turned to me and asked if I noticed that poor tracking.
Well, he sent me a report that was totally incorrect regarding what he had discussed with me in his office. Also recorded the patient history inaccurately. The school info (teacher, school name) and recommendation to get teachers updated on his progress, let me to worry if he had sent this to the school. Work with him was not to extend into the school year, nor was it necessary anyway.
Well, he did send it to the school. I wrote him a letter. He called the school to have it shredded, but I'm sure the damage was done.
What are my rights against this manipulative &*()*&)(*&)
By the way, he has 4 children in college to educate.
His report really made my child look like he has issues.
Thanks,
2roads
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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dmc
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Member # 5102
posted
Try contacting the state health department to find out what action can be taken.
Posts: 2675 | From ct, usa | Registered: Jan 2004
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2roads
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Member # 4409
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I have a number for the Office of Civil Rights in the region where I live.
I was going to contact them tomorrow.
Any other thoughts or experiences.
Thanks dmc.
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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Geneal
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Member # 10375
posted
I'd call the school board as well.
They also have a duty to protect your child's information.
Hugs,
Geneal
Posts: 6250 | From Louisiana | Registered: Oct 2006
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2roads
Frequent Contributor (1K+ posts)
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posted
I plan to call the school tomorrow and see the extent of the damage.
I don't want to create a larger awareness then need be.
I'm hoping the school received this report when I did which was last week. They may have received other things as well.
We have been out of school for two weeks now. Perhaps it did not circulate as much as I fear....we'll see. I am hesitant to call the board at this point Geneal....more people will know and bigger fuss.
But, is this a HIPAA violation for sure....sure feels like it. I know it is more common with insurances, but how about schools?
.....and if so, what is the reporting protocol?
I say to myself that the action taken will be proportional to the damage done.
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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bettyg
Unregistered
posted
2roads, i recently cut an article out of our newspaper about hippa. i thought i typed it up and put on here. did a search; found nothing.
i found these other 2 things in my private links:
HIPPA LAWS: *** VERY IMPORTANT!
Under the new HIPPA guidelines you have the legal right to request that mistakes in the records be corrected. Docs don't like to do this. Hubby did have this done at least once.
It would probably be a bigger hassle and harder to get the corrections done if an ER or hospital was involved. Bea Seibert
getting medical records & length of time they must be kept according to HIPPA
FuzzySlippers posted 07-03-2009 03:39 PM Ocean, As long as seven years has not passed (medical records aren't required to be kept longer than that, I believe), it is against Federal law for that doctor's office not to give you copies.
They are required by Federal law to comply with your request within 30 days.
Here is a link to Your Medical Records Rights In Ohio, under HIPPA,
Every State in the United States has a set of these HIPAA Rules.
To make them aware of the seriousness of your request, and the fact that they need to comply with Federal law under HIPAA, I'd mail this request in writing.
If you want to go to the trouble, you could even mail it Certified Mail, Return-Receipt Requested. *****************************
This would require someone in the doctor's office to sign, showing that they did, indeed, receive this request from you. That way, you'll have proof that their office did receive your request.
If they do not comply and give you your records, you can file a complaint with the Office of Civil Rights, U.S. Department of Health and Human Services. (See, the link above for how to go about doing that).
The doctor's office might require you to fill out a form to release the information to you and they might charge you for the cost of making copies.
But, other than that, they MUST comply with your request. It's as simple as that.
In your letter of request, you can also cite the the Federal law. That way they'll know you mean business. -----------------------------------
Writing something like, "In accordance with my rights under Federal law, (the Health Insurance Portability and Accountability Act of 1996) hereinafter referred to as "HIPAA," I am hereby requesting copies of all my medical records.
Including, but not limited to, testing results, correspondence, doctors notes, yada yada yada
It my understanding that under HIPAA my request must be fulfilled in no later than 30 days. ------------------------------------------- Of course, I will be happy to pay any copying and postage charges associated with my request. =============================================
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Bugg
Frequent Contributor (1K+ posts)
Member # 8095
posted
2roads-
When you went to the doc's office, you were most likely given a HIPAA form which informs you of your right to privacy and a "consent to disclose" form. Sometimes these forms will be one in the same. The doc's office should have required your signature on this form which acknowledges that you've been informed of your rights, and it gives your consent to disclose according to the instances delineated on the form.
I would call the doc's office and ask for a copy of the form(s) you signed.
Please keep in mind that there is a federal HIPAA law and then most states have analagous "state" HIPAA laws. Often the states' laws will define in what instances information may be disclosed to your child's school. In some states, docs may disclose info without parental consent (ie immunization etc).....This doesn't mean, however, that notice isn't required. All of this pivots on federal and state privacy laws.
Keep in mind, though, that just because you may have signed the HIPAA form in the doc's office, that doesn't mean that the doctor complied with federal and state laws....He may have still improperly disclosed your child's info....Ex.--He may not have followed proper procedures...He may have violated notice provisions...He may have disclosed more info than was necessary.....
All of this hinges on the requirements for disclosure under federal and state law...If you want to pursue this matter, you will need to consult an attorney in PA...
Please note the aforementioned is not legal advice...
Posts: 1155 | From Southeast | Registered: Oct 2005
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2roads
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I have no desire to call that office. Anytime I do so, they put this Optometrist on the phone. I loathe this man.
How nice it would be if my Gyn or my sons Ped was so easily accessable.
I asked the office last week when he was off if I signed anything relinquishing this material.
They said they looked in his chart, and saw nothing. I said, well then surely he would not be so unprofessional as to take it upon himself to send. The lady I spoke to didn't think so. She also said there would be attentioning to others at the bottom to let me know who received it.
That was not there.
The school may have received something else...I don't know. I'm trying to reach them, but schools out.
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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2roads
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Member # 4409
posted
PS-
Betty, I don't want to add to the report, it is all fabricated.
I want to remove my sons report and file from this doctors office and destroy it.
It looks like what info you sent me, I cannot do that.
I think that is wrong when health info about a person is the doctors property, not our own. it is our bodies. What is to protect us from someone trying to drum up money with false accusations?
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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posted
If you need to call his office again.. ask your husband (?) to call!
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96223 | From Texas | Registered: Feb 2001
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2roads
Frequent Contributor (1K+ posts)
Member # 4409
posted
Yes, I guess I can do that.
I also wanted to avoid conversation between him and us should this get more involved...sort of a conflict of interest.
But, I do need that form.
This doctor is very manipulative. He seems like he always gets what he wants.
Oh Lymetoo...like I need more problems....
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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2roads
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Member # 4409
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Well, I contacted the State Dept of Health and Human Services Civil Rights Division.
They are a bear bones group.
Their policy is corrective action not penalty. This works well for insurance/medical doctor claims, but does not do much for school/medical violation.
They can only rule the doctor violated patient privacy, and have him correct the problem. But, if the school doesn't want to shred the paperwork, they don't have to ..to my knowledge. All he can do is write a letter stating he was wrong to send the info which would get attached to it...but still remain in the folder.
Plus, he cannot take back what has already been read and reviewed even if they did shred it. This is my sons daily life we're talking about, not an insurance violation.
I believe I need to go legal to impose a penalty on him, or fight to get that paperwork out of the school folder if it is not removed.
Does anyone know where I can report him from a medical standpoint. Give him bad reviews, slap his hand so to speak?
Thanks
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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2roads
Frequent Contributor (1K+ posts)
Member # 4409
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Anybody knowledgeable about reporting him.
I guess i feel that if my sons world is now tainted, so should his.
This was no mistake.
This was intentional, and he needs to be taught a lesson so other children and their families are not bullied by him.
Just my opinion-
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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hshbmom
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Member # 9478
posted
Consult an education attorney so you do things right from the beginning.
You can call and get an estimate of the cost of the visit. If I remember correctly my first visit was about two hours long and the attorney didn't charge me. The attorney gave me several great nuggets of advice. At the time I didn't need the attorney for anything more than the consultation.
Posts: 1672 | From AL/WV/OH | Registered: Jun 2006
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2roads
Frequent Contributor (1K+ posts)
Member # 4409
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Yeah, unfortunately in this recession I cannot find a lawyer who is willing to do any consulatation for free.
Not to mention working on contingency. They are charging atleast 250.00 for the first hour. Every hour after that costs. Everybodys gotta make a buck.
I even told one office if the school has not destroyed the paperwork then I will probably litigate. The secretary asked me a few sentences later what school he went to.
I told her I had made that mistake before which was what got me into this mess, I'm not gonna make it again. I'm not sure why she asked, but it makes me suspicious.
Right now I'm in a holding pattern.
I went to the school, they are closed until the end of July. The secretary I'm told comes in at her own choice, but it is random.
I have a message in to her and am awaiting a return call.
If this was sent to the school sooner and the world knows then I will pursue the Dept of Civil Rights.
I don't know what else to do.
Posts: 2214 | From West Chester, PA | Registered: Aug 2003
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bettyg
Unregistered
posted
2 roads, you are an outstanding heading, we have quite a few disabled lawyers in our membership; hope some will drift by and perhaps send you a PM with some guidance! xox
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