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#1
10-09-2008, 04:55 AM
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HippaWhat is the name of your state (only U.S. law)? Illinois I was a patient at dental clinic. A dental assitant pursued me. We dated a few times. She stated that she took my contact information from my file and went through my charts and stated some cruel comments about a few teeth. I e-mailed her and advised her I was upset and demanded to know. She did not answer and then filed an harrassment charge aginst me because of the e-mails. She used my contact information which she took from my chart to file the charge which was dismissed(I never had to go to court or respond) Is this a violation of my rights? Thanks |
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#2
10-09-2008, 05:08 PM
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HIPAA involves the sharing of medical information, not contact information
__________________ No man is an island, but some of us are pretty good peninsulas Humanity persists in spite of itself S Short |
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#3
10-09-2008, 06:23 PM
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| Isn't your personal information, name, address, phone, etc. included in PHI with respect to privacy? The assistant obtained the information from a private file, one that she has no professional need to access. And then she falsified info in it? From HIPAA: _________________________________________________ HIPAA Limited Data Set: 3.4.1. A CE may use or disclose a limited data set ("LDS") as long as the CE enters into a proper data use agreement [¶ 3.4.2] for the use or disclosure of the LDS with the recipient and meets the following requirements: 3.4.1.1. CE may use or disclose LDS only for the purposes of research, public health, or health care operations; 3.4.1.2. CE may use PHI to create a LDS, or disclose PHI to a BA to create a LDS, whether or not used by the CE; and 3.4.1.3. A LDS is PHI that excludes the following listed direct identifiers of the individual, relatives, employer, or household members: Names Postal addresses Telephone numbers Fax numbers Electronic mail addresses Social security numbers Medical records numbers Health plan beneficiary numbers Account Numbers Certificate or license numbers Vehicle identification numbers, including license plate numbers Device and serial numbers Web Universal Resource Locators (URLs) internal Protocal (IP) address numbers Biometric identifiers Full face or likeness images ___________________________________________________________________ Was his privacy violated by intrusion into his personal information without consent? Although.... he did date her for some time, so maybe that qualifies as consent. 
__________________ ^^^ Stayed at a Holiday Inn Express last night. |
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#4
10-09-2008, 06:45 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#5
10-09-2008, 07:14 PM
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| Well, if that's the case I guess it's just "unethical".  Either way, the employee should be fired for going through a private file.
__________________ ^^^ Stayed at a Holiday Inn Express last night. |
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#6
10-09-2008, 07:21 PM
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I think there's more to this one.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#7
10-09-2008, 07:28 PM
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| Sounds like it. I'm just sticking up for the man.  ( Reading through all of the subsections of HIPAA makes my head hurt. ) I guess we'll have to wait for the next chapter in this saga, when the poster has unnecessary oral surgery as recommended in his dental files.  EDIT And it's HIPAA, not HIPPA ( not related to the HIPPO! )
__________________ ^^^ Stayed at a Holiday Inn Express last night. |
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#8
10-10-2008, 03:15 PM
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| There is no more to the story. Afater we stopped dating she advised me that hes had my contact info and more,but what not be specific. I told her I did not want to be involved. I never took her to my house or invited her. She invited herself over ,but was not let in. I was worried that she might do something about my info. She also discussed in length about other patients issues and used their full names. She is a dental assistant. She does not need to look at a file.Just assist the dentist and clean up |
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#9
10-10-2008, 06:50 PM
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| Did you ever think of approaching her superior and making a complaint? Granted, that might start more trouble that it solves
__________________ No man is an island, but some of us are pretty good peninsulas Humanity persists in spite of itself S Short |
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