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Super Contributor
Posts: 954
Registered: ‎11-06-2011

Re: Clinic workers- could you explain HIPAA?

A patient can designate the level of privacy and what they will/will not share. If you are getting mailings go back to the medical provider and modify your HIPAA agreement.

I have been given HIPAA and Privacy Policies forms by medical providers for at least 15 years or more. HIPAA is close to 20 years old! I cannot understand how anyone could be confused about HIPAA at this point.

In the instance of a legal matter then it would seem health records are a fair aspect of Discovery.

Respected Contributor
Posts: 3,111
Registered: ‎03-10-2010

Re: Clinic workers- could you explain HIPAA?

On 2/1/2014 annabellethecat said:

This is interesting because my niece called me in tears. It seems that she was involved in a car accident back a few years ago, not her fault. In order to get the bills paid she had to hire a lawyer.

She said the amount of money offered wasn't even enough to pay the Dr and hospital bills. I don't understand the process but now she is going to have to list (for the man who hit her's lawyer) every Dr she went to for 10 years! She said she has to list their names, phone numbers and what kind of Dr they are. My sister came on the phone and said that the woman who hit her's lawyer has the right to the records from every one of these Drs pertaining to my niece.

Her lawyer said the other side is looking to see if my niece ever mentioned having difficulty with her arm during any of these office visits.

So much for the HIPPA law! How does this give these people the right to 10 years of the Dr visits my niece went to? She's only 25 so the list won't be long, thank goodness.

Anyone ever been involved in a car accident with this problem?

The attorney from the other side will eventually send your niece to a physician of his choice to be examined also. They will pay for it, of course.

I thought the doctor (in my case, a neurologist) would be biased, but his findings ended up helping my case.

A kind gesture can reach a wound that only compassion can heal. ~~ Steve Maraboli
Honored Contributor
Posts: 13,913
Registered: ‎03-10-2010

Re: Clinic workers- could you explain HIPAA?

Your doctors or other health professionals that have treated you ask:

1)Is it ok to leave a voice mail message?

2)Is it ok to leave results of your test on voice mail?

3)Is it ok to leave results with spouse?

HIPPA is a joke and that can be seen by the hiring of Navigators for the "XX act", some of which have been found to be felons. Can't leave any information with your spouse, but it is ok to give ALL your medical information to a felon.

hckynut(john)
Super Contributor
Posts: 306
Registered: ‎04-15-2010

Re: Clinic workers- could you explain HIPAA?

On 2/1/2014 annabellethecat said:

I agree that they have the right to know if it was something she previously had but I would think the Drs would be sent a paper asking specific questions, like has she ever mentioned a problem with her arm.

How in the world can they have the right to all of my nieces medical records for 10 years? That's just crazy to me. Specifics yes, makes sense, but I told my sister, "If this goes to court and you are on the stand be sure to look over to the jurists and say, "So when you are on the table being examined by your GYN remember that 10 years down the line if some idiot should run into you, he has the right to everything said and done during that visit and for the next 10 years".

I told my sister that had I known about this I would have paid the Drs and hospital bills myself and she wouldn't have had to go through this. They were only under $60,000. Now with lawyers, Drs other fees, who knows.

Once something like that is collected, all in one package, it's somewhere forever.


On 2/1/2014 annabellethecat said:

I agree that they have the right to know if it was something she previously had but I would think the Drs would be sent a paper asking specific questions, like has she ever mentioned a problem with her arm.

It doesn't work that way.

Honored Contributor
Posts: 30,249
Registered: ‎03-12-2010

Re: Clinic workers- could you explain HIPAA?

Obviously it doesn't work that way. As I see it her privacy is totally blown away because someone ran into the back of her car, caused her to have an operation and in order to get the bills paid she must share her private medical information with unlimited amount of strangers.

I think of the people I know and some of the things they've been through in their life and to have that available for unlimited strangers is unbelievable to me!

All for about $70,000. The insurance would have paid for it or I would have given her the money had I known. It's only money. Not worth what she has to go through.

Think about it. Say you go to a psychiatrist that would no longer be personal. I can't believe that. So sad what is happening.

Respected Contributor
Posts: 3,111
Registered: ‎03-10-2010

Re: Clinic workers- could you explain HIPAA?

On 2/1/2014 annabellethecat said:

Obviously it doesn't work that way. As I see it her privacy is totally blown away because someone ran into the back of her car, caused her to have an operation and in order to get the bills paid she must share her private medical information with unlimited amount of strangers.

I think of the people I know and some of the things they've been through in their life and to have that available for unlimited strangers is unbelievable to me!

All for about $70,000. The insurance would have paid for it or I would have given her the money had I known. It's only money. Not worth what she has to go through.

Think about it. Say you go to a psychiatrist that would no longer be personal. I can't believe that. So sad what is happening.

Annabelle, it is more like a limited amount of strangers. I know we hear about all the bad cases of identify theft and stealing personal information, but that doesn't happen in many cases of trying to settle an insurance claim. I shared my information. A close friend of mine shared her information. Neither one of us ever suffered any undesired ramifications from it. We were just able to settle our cases.

When you go to your doctor, he shares your information with insurance companies. You have given permission for him to share it. If he didn't share it when requested, your claims wouldn't be paid.

Best of luck to your niece on settling her claim.

A kind gesture can reach a wound that only compassion can heal. ~~ Steve Maraboli
Honored Contributor
Posts: 30,249
Registered: ‎03-12-2010

Re: Clinic workers- could you explain HIPAA?

Ok, think about this. From that day forward there will always be a record of my niece's Drs she'd seen for 10 years.

If she gets involved in or someone idiot hits her again, it will be forever that those 10 years can be easily dug up.

We all like to think this and that are protected. I am sorry, I don't believe that any more.

People need money too much these days. You only hear about the few like Target. A lot of people don't know there were other stores Macy's for one that had their records stolen.

The news just stopped reporting it.

So, I guess from now on she will have one heck of a time getting medical help with anything involving this medical problem.

I'm glad I'm 67 years old so I don't have to go as many years as she does worried about getting hit again (going through all of this and let's see....."Miss have you ever sued anyone? OK, that means there's a record of 10 years of your life. No problem we'll access that". Her SSN, everything is there.

I think some of you people would feel differently if you'd had your identity stolen. You would understand that it is something you never, never recover from it.

How sad it all is.

Honored Contributor
Posts: 30,249
Registered: ‎03-12-2010

Re: Clinic workers- could you explain HIPAA?

I think I'm angry because I could have given her money to pay the bills, but I didn't know this would be involved and neither did she.

Now the lawyers will get lots of money and her name is muddied up. Ugh!

Respected Contributor
Posts: 2,320
Registered: ‎10-21-2010

Re: Clinic workers- could you explain HIPAA?

Regarding the niece that was hit and is suing. Yes they are entitled to her health records. Say she hurt her ankle in the car accident and then they find out that fifteen years ago she fell at college or work etc and sustained an injury to her ankle and knee..the she was school/work for a time and went to Physical Therapy for a couple months - they will try and connect the dots per say. It does protect them from unscrupulous people - not your niece but not everybody is honest..

As for HIPPA once you sue you open up the right to your medical records - right or wrong depends on whose side you are on. Why should they pay for something that they may not be responsible for.

As to the OP - yes the MD's office was in the right not to discuss any aspect of your husband's care with you - without his permission.

Annabelle - Actually NO with the new Affordable Health Care Bill - pre-existing conditions no longer apply and you cannot be turned down for insurance due to them so this protects your niece in that way. As for suing anyone - where would that be held against her? I don't ever recall that being asked at any time in my life? I am being serious here as I know you cannot tell intent sometimes when typing.

Respected Contributor
Posts: 2,383
Registered: ‎03-09-2010

Re: Clinic workers- could you explain HIPAA?

On 2/3/2014 annabellethecat said:

Ok, think about this. From that day forward there will always be a record of my niece's Drs she'd seen for 10 years.

If she gets involved in or someone idiot hits her again, it will be forever that those 10 years can be easily dug up.

We all like to think this and that are protected. I am sorry, I don't believe that any more.

People need money too much these days. You only hear about the few like Target. A lot of people don't know there were other stores Macy's for one that had their records stolen.

The news just stopped reporting it.

So, I guess from now on she will have one heck of a time getting medical help with anything involving this medical problem.

I'm glad I'm 67 years old so I don't have to go as many years as she does worried about getting hit again (going through all of this and let's see....."Miss have you ever sued anyone? OK, that means there's a record of 10 years of your life. No problem we'll access that". Her SSN, everything is there.

I think some of you people would feel differently if you'd had your identity stolen. You would understand that it is something you never, never recover from it.

How sad it all is.

Insurance records/claims are only kept on file for 7 yrs after the ckaim is closed..they are then destroyed...but laws require these kinds of records to be kept for a minimum of 7 yrs.