HIPAA violation

[oatmeal]

What is the name of your state (only U.S. law)? Virginia

Virginia

So, here's my story.
I work at a large general practice doctors office. I am a receptionist, and I am also a patient of the practice. All of my medical records are on file here.

As a patient, I receive birth control injections (Depo-Provera) every 3 months here. I got my most recent shot last week, October 1. After my appointment, I returned to work. A few minutes passed and my supervisor said she needed to speak with me. My supervisor is not a nurse or a member of the clinical staff. She is administrative support, only. She took me into a private office with the nursing coordinator. I was told during this meeting that the nurse who administered my Depo did so incorrectly and injected me with 50% birth control serum and 50% saline (a completely safe substance used to dilute injections). This nurse was "reprimanded" but not terminated. I was told I would need to use "other forms of protection, such as condoms or abstinence" for the next three months as my shot would only be 50% effective. The nursing coordinator explained that they even called the Depo manufacturer for advice and the company said they had never dealt with such a situation and did not have any advice. I would not be injected again with the serum, as that outcome was not definite. As the meeting drew to a close, both my supervisor and the nursing coordinator reassured me I would not be charged for the office visit or the upcoming pregnancy test. In fact, they said, since it was an error on the office's behalf, the information would not even be submitted to my medical chart!

I have two main problems:

1) They are obviously not inputting this into my chart for legal/liability reasons. I need this error documented in my medical history. If any complications were to arise from this situation, and it not be documented, it would greatly effect my health and well-being. What rights, as a patient, do I have to amend this?

2) Why was my boss, someone without any nursing/medical experience, allowed to be present for this meeting? This is a direct HIPPA violation. My employer has no right to know what forms of birth control I use. The fact that she flat-out told me I need to "use condoms for 3 months" was downright degrading and unlawful. What steps should I take to pursue legal action?

I have thoroughly read the HIPPA website and would rather seek legal advice as opposed to just submitting a complaint through the Office of Civil Rights.

[lya]

Originally Posted by oatmeal

What is the name of your state (only U.S. law)? Virginia

Virginia

So, here's my story.
I work at a large general practice doctors office. I am a receptionist, and I am also a patient of the practice. All of my medical records are on file here.

As a patient, I receive birth control injections (Depo-Provera) every 3 months here. I got my most recent shot last week, October 1. After my appointment, I returned to work. A few minutes passed and my supervisor said she needed to speak with me. My supervisor is not a nurse or a member of the clinical staff. She is administrative support, only. She took me into a private office with the nursing coordinator. I was told during this meeting that the nurse who administered my Depo did so incorrectly and injected me with 50% birth control serum and 50% saline (a completely safe substance used to dilute injections). This nurse was "reprimanded" but not terminated. I was told I would need to use "other forms of protection, such as condoms or abstinence" for the next three months as my shot would only be 50% effective. The nursing coordinator explained that they even called the Depo manufacturer for advice and the company said they had never dealt with such a situation and did not have any advice. I would not be injected again with the serum, as that outcome was not definite. As the meeting drew to a close, both my supervisor and the nursing coordinator reassured me I would not be charged for the office visit or the upcoming pregnancy test. In fact, they said, since it was an error on the office's behalf, the information would not even be submitted to my medical chart!

I have two main problems:

1) They are obviously not inputting this into my chart for legal/liability reasons. I need this error documented in my medical history. If any complications were to arise from this situation, and it not be documented, it would greatly effect my health and well-being. What rights, as a patient, do I have to amend this?

2) Why was my boss, someone without any nursing/medical experience, allowed to be present for this meeting? This is a direct HIPPA violation. My employer has no right to know what forms of birth control I use. The fact that she flat-out told me I need to "use condoms for 3 months" was downright degrading and unlawful. What steps should I take to pursue legal action?

I have thoroughly read the HIPPA website and would rather seek legal advice as opposed to just submitting a complaint through the Office of Civil Rights.

You have the right to submit an entry to your medical records.

There is no HIPAA violation. HIPAA does not prevent the chain of command from functioning. The nursing coordinator needed a witness and your supervisor is a proper choice.

You get BC shots where you work; your choice.

You received appropriate intervention. Take extra precautions or don't; again, your choice.

All this hoo-ha about being embarrassed and degraded--honey, please, don't even try that.

[oatmeal]

Originally Posted by lya

You have the right to submit an entry to your medical records.

There is no HIPAA violation. HIPAA does not prevent the chain of command from functioning. The nursing coordinator needed a witness and your supervisor is a proper choice.

My supervisor is not clinical staff. She is office personnel. She is not a link in the chain of command. She does not oversee the nursing coordinator. As for witnesses, another nurse could have been present. A doctor could have been present. My personal doctor could have been present.

True, my healthcare provider is my choice. But if you take a step back to look at this, if I were not an employee, and only a patient, the office supervisor would not have attended this meeting. She had no place there. I have every right to be embarrassed. A line of patient/doctor confidentiality was crossed.

[ecmst12]

You have not suffered any financial damages and have no case to recover damages. You can and should insist that your records be documented accurately. And honestly I'd seek a second opinion from another doctor about whether you can get a second half-strength injection, or call the manufacturer. But your only "recourse" is submitting a complaint. You can't sue without financial damages.