HIPPA Violation?

[AR72450]

What is the name of your state? Arkansas

My physician recently scheduled me for a colonoscopy, a very private and embarrasing proceedure. I was told that i needed to have some one that could drive me home or they would not do the proceedure. I did not have any family members that were availiable to me so i asked a friend/coworker to drop me off and pick me up and they said they would.
The day of the proceedure i went in and registered, i explained to the clerk checking me in that my ride was "only my ride" and that no personal information was to be given to him when the proceedure was completed. The lady at the desk said that was perfectly fine and gave me the HIPPA paper and said she needed my signature and if i wanted anyone to have access to my personal information then i was to add their names to the paper. I did NOT put anyones name on the paper. My ride left and i was taken back to the prep area where one nurse was on one side getting my blood pressure and the other side had another nurse inserting an IV. I told both of these nurses that my ride was ONLY my ride and that no personal information was to be divulged to him.
I was then took to the actual room my proceedure was done in and another nurse was there to administer my sedation and i told her the same.. my ride is ONLY my ride.. no personal information is to be given to him.
I wake up to a nurse showing my ride pictures of my insides with the doctor's writing on them and telling him my diagnosis.
The nurses were all very kind, and the proceedure went well but I'm angry, i'm embarrassed, and i'm betrayed by them ignoring my numerous requests for my privacy to be respected, especially due to the nature of the proceedure and the pictures that were being shown.
What can i do?

[rmet4nzkx]

The reason you needed a ride was due to the sedation. I had the same proceedure and drove myself both ways. I got to watch the entire proceedure on the TV and there is little to be embarassed about in reality, it is not like they saw your bare butt or anus. I'll bet they have one also. Check your copy of the HIPAA waivers and see what it says. You can make a complaint to the hospital if you feel there was a violation. In the future, if you are willing, you can be awake, then you won't need a ride. If your ride gives you a problem, tell them that they can go for the same without the sedation and you will watch.

[AR72450]

the ride wasnt' the problem, it was the center not following HIPPA laws. my diagnosis is none of his concern and now i have to go to work everyday and look a guy inthe face that has seen me with a tube up my arse. yes they said i needed the ride due to the sedation. but does he need to know anything other than i'm drunk off of versed and i don't need to drive? he's not going to be up my rear applying medication or doing surgery so why does he need to see pictures or know my diagnosis. they said it's because i would not remember the doctor talking to me about what was found. but isn't that why there's a follow up visit with the physician that ordered the colonoscopy? everything is forwarded to him and i have plenty of time to sober up before i see him and begin what ever care is necessary. my ride is not a doctor. and if he was he's not my doctor. its' none of his business as i had said over and over that day. i did make a complaint with the center. she said she would do an investigation and call me back that day or the next i have yet to hear from her. Hey i got an idea! Take my money, break the law, embarass me, and then blow me off!!! What are the penalties for HIPPA violations of this nature in arkansas?

[rmet4nzkx]

The effects of the sedation last for some time, and they need a competent person to advise as to aftercare. They can't just release you without someone taking some responsibility for you when you are not competent. Who knows what might have happened between the proceedure and your visit with the doctor? Call the center again. As I said it is possible to have this proceedure without sedation, is some cases you don't have a choice of sedation.
Has this person made fun of you at work?

[purple2]

OP
It is true the person you designated as your ride was supposed to be aware of the basics of how to care for you if an emergency arose. Say you were bleeding in your colon or you had some unusual delayed reaction to the anesthesia...this is why the hospital would not allow you to ride home in a cab...to ensure you were not alone. Therefore, it makes sense they would educate the person about what to look for and what to do in case something happened.

However, photos (that are not de-identified) are protected health information under HIPAA and showing pics of your colon do not relate in any way to your well being during the ride home.

The agency that regulates patient privacy on a federal level is the Office of Civil Rights. You can file a complaint with them and they're easy to locate by using a search engine.

However, they will probably want you to file a complaint with the hospital privacy officer first. In fact, I recommend you do that before reporting them to the regulators. It makes sense to give the hospital an opportunity to investigate and rectify the problem first.

[lkc15507]

Nothing about the procedure or even possible outcomes allow provider personnel to divulge PHI to a non-designaged recipient of such PHI by the provider without consent from the patient. I would simply ask the poster to be sure that no consent, explicit or implied, was given. Implied consent is valid and easily conveyed. HIPAA violations are considered on a case by case basis, do file a complaint if justified.

[Mbarr]

You should carefully review copies of all documents executed by you on or before the date of the procedure.

[ReiterLaw]

Sorry to hear you were treated in such a way. Based on your statement of the facts it appears that the hospital violated HIPPA so go ahead and file a documented complaint with the Dept of HHS at [url]http://www.hhs.gov/ocr/privacyhowtofile.htm[/url]. At this point that is really your only recourse. Best of Luck.