HIPAA Violation

[loops_24]

What is the name of your state (only U.S. law)? I would just like to know where to go from here. I am a 24 year old female and tried to get one of my perscriptions filled at my local grocery store. THey had to fax my doctor and said they would call me back. Well the pharmacy tech called my mother and informed her of the medication I was in need of and my condition. I was just wondering what to do now. This seems like a clear HIPPA violation to me.

 

[Zigner]

What is the name of your state (only U.S. law)? I would just like to know where to go from here. I am a 24 year old female and tried to get one of my perscriptions filled at my local grocery store. THey had to fax my doctor and said they would call me back. Well the pharmacy tech called my mother and informed her of the medication I was in need of and my condition. I was just wondering what to do now. This seems like a clear HIPPA violation to me.

Report the tech to the pharmacist.

 

[CJane]

Well, are you on your mother's health insurance? Do you live with your mother, or have you updated your records with the pharmacy since you stopped living with your mother?

When I get a scrip filled - for the first time - at a pharmacy, they always ask if they can leave a message at the number I've provided. So, if I fail to update my information with them, they'll leave a message regarding medications/status of refills/etc at whatever number is in their system.

In order for there to be a penalty attached to a HIPAA violation (and it's not clear that there WAS a violation here), there must also be damage to you. What damages did you suffer from (except perhaps having to explain something to your mother that you'd rather not have explained)?

 

[justalayman]

how would the pharmacy know the diagnosis?

 

[ecmst12]

Because there has to be one on the prescription; in order to bill insurance they have to have a diagnosis.

 

[CJane]

how would the pharmacy know the diagnosis?

My medication bottles all say what they're for. "Take X/day for Insomnia (or anxiety or whatever)".

Interestingly, the med my cat takes - which is commonly prescribed for people, and which I have filled at the local pharmacy - does not state what it's for.

 

[justalayman]

Because there has to be one on the prescription; in order to bill insurance they have to have a diagnosis.

Um, no. There are no dx's on my prescriptions. There might be "take for <symptoms> but there has never been a dx on any scrip I have gotten. (and I get quite a few) Most of my meds don't even say that. Insurance has never had a problem yet.

the insurance company gets the dx from the doctor if needed. I have had to go through several PR's with the meds I take and why I take them. If insurance denies, they or I notify the doc. Doc sends in a bunch of paperwork to the insurance company. Insurance company accepts or rejects. Pharmacy has no idea why, just they have accepted or rejected.

CJane

My medication bottles all say what they're for. "Take X/day for Insomnia (or anxiety or whatever)".

mine don't. I have a med in my hand right now. It says: use 1 per day as directed.

.

another one hand: use as directed

another one: take 1 tablet by mouth three times daily


the pharmacy has no idea why I take these meds. Only one of those three meds could the pharmacist know why I take it because there is only one use for it. The others have multiple uses and I could be using them for any of the listed uses, or maybe even an off label use which makes it even harder for the pharmacist to even guess why I take it.

 

[CJane]

mine don't. I have a med in my hand right now. It says: use 1 per day as directed.

Huh. Weird. I take 4 Rx meds daily. Every bottle says why it's to be taken.

Regardless, we don't know that a "diagnosis" was provided to Mom by the pharmacy tech that called. We know that OP believes her "condition" was shared with Mom.

For all we (or OP) know, the tech called and said "I need to leave a message for Sally. Please let her know that her prescription is ready to pick up." And Mom said "Ok, which one?" And the tech said "Her XXXXX" and Mom looked up what it's generally prescribed for.

Which would be pretty funny if the same happened with my cat's med. Because I'm pretty sure I'm not Bipolar, but that's what the med is prescribed for in people.

 

[justalayman]

CJane;2675185]Huh. Weird. I take 4 Rx meds daily. Every bottle says why it's to be taken.

you are female, right? Maybe...


Just kidding.

Regardless, we don't know that a "diagnosis" was provided to Mom by the pharmacy tech that called. We know that OP believes her "condition" was shared with Mom.

and since when is a persons guess at a condition PMI even if it was from the tech? What might have happened, as in your next statement; tech called and said meds are ready. Mom: which meds: tech; XYZ mom: what is that used for? tech; <a list of possible conditions>

Mom, knowing her daughter, makes a good guess and hits it on the head. Daughter thinks tech told mom what her diagnosis is.

For all we (or OP) know, the tech called and said "I need to leave a message for Sally. Please let her know that her prescription is ready to pick up." And Mom said "Ok, which one?" And the tech said "Her XXXXX" and Mom looked up what it's generally prescribed for.

I agree and that is why I said what I did originally.

Which would be pretty funny if the same happened with my cat's med. Because I'm pretty sure I'm not Bipolar, but that's what the med is prescribed for in people.

so, you have a bipolar cat. I figured all cats were bipolar; drastic swings from lethargy to hyper activity. Constant mood swings.

 

[Dave1952]

I agree with Mr. Justalayman. My pill bottles do not contain any sort of diagnosis. They do list the dosing regimen: Take one daily, 150 mcg.. And a few other bits of info such as the prescribing MD and the filling Pharmacist.
Unless the OP did explicitly give permission that these pills might be discussed with others then I think there was a HIPAA violation. The pills are private medical information. The OP may wish to lodge a complaint with her Pharmacist.

 

[CourtClerk]

I am looking at a line of medicine bottles that I take for a chronic condition. NONE of them have a dx on them. Not one. The paper scrips don't have a dx on them either.

They all say:
Take one by mouth twice daily as needed
Take one by mouth daily
Inject intramusculary as directed (which, I guess if I forget, I'm screwed)
Take one by mouth at bedtime
and my favorite.... Take as directed

On my son's med bottle it says:
Take one capsule by mouth every day

 

[CourtClerk]

Because I'm pretty sure I'm not Bipolar, but that's what the med is prescribed for in people.

LMAOOOO!!!!!

One of the drugs I'm currently taking is an antimalarial. Haven't been to Asia or Africa... and don't have Malaria, that anyone has said...

 

[Proserpina]

All of mine do have a the indication right there on the label.

Obviously both ways are legally acceptable.

So..the real question again is really what was the nature of the conversation?

 

[Isis1]

All of mine do have a the indication right there on the label.

Obviously both ways are legally acceptable.

So..the real question again is really what was the nature of the conversation?

I kind of forgot. I only got curious to get up and go look at my meds, but then my husband yelled at me for getting up from the couch on my day off....

 

[CJane]

you are female, right? Maybe...

Shaddup.

so, you have a bipolar cat. I figured all cats were bipolar; drastic swings from lethargy to hyper activity. Constant mood swings.

Nope. I have a cat with OCD - if he doesn't get 10mg/day of Amitriptyline (Elavil), he will lick all of the hair off his legs and belly. In about 24 hours.