med professionals disclosing private data

[glennn.php]

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

an ER doctor(s) have mentioned some quite embarrassing lab results to some people who have NO business knowing such things about me.

Where might i look or what questions might i ask to learn if and which rights have been violated? - (I'm NOT happy about this).

Thanks for whatever advice you can offer...

Regards,
GN

[lya]

[url=http://www.hhs.gov]United States Department of Health and Human Services[/url]

[longsally111]

sorry, need more info than that for an answer.

[Proserpina]

Originally Posted by glennn.php

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

an ER doctor(s) have mentioned some quite embarrassing lab results to some people who have NO business knowing such things about me.

Where might i look or what questions might i ask to learn if and which rights have been violated? - (I'm NOT happy about this).

Thanks for whatever advice you can offer...

Regards,
GN

To whom is the information being disclosed?

[glennn.php]

right - i'm reading up in HIPAA now, but i'm a layman. )

ok, HHS is discussing "incidental" disclosures, and that the entity (hospital) is expected to make a reasonable effort at privacy, such as others "overhearing" comments made, etc.

Here's what happened. While in the ER for some chest pains, and accompanied by two law enforcement officers for DIFFERENT reasons, the lab results for my current visit and a previous visit, which contained less than admirable results, were mentioned RIGHT IN FRONT of these two officers who then phoned other officers to mention this to them.

it had NO bearing on the reason the officers were there with me in the ER or whatever custody i was presently enjoying with them. It did not become a legal issue at all - nevertheless, it was MY medical information that was shared directly with others without any formal or informal request.

:::::::::::

I appreciate your help - is there any more i can say without further embarrassing myself? what i'm reading in HIPAA is that there ARE reasons med staff can share with law officers, with certain legal requests and in the interest of other legalities, but just discussing my lab results in the same private room with others present does not seem to be covered...

confused yet? i apologize. thanks for your help.

g

[Proserpina]

Originally Posted by glennn.php

right - i'm reading up in HIPAA now, but i'm a layman. )

ok, HHS is discussing "incidental" disclosures, and that the entity (hospital) is expected to make a reasonable effort at privacy, such as others "overhearing" comments made, etc.

Here's what happened. While in the ER for some chest pains, and accompanied by two law enforcement officers for DIFFERENT reasons, the lab results for my current visit and a previous visit, which contained less than admirable results, were mentioned RIGHT IN FRONT of these two officers who then phoned other officers to mention this to them.

it had NO bearing on the reason the officers were there with me in the ER or whatever custody i was presently enjoying with them. It did not become a legal issue at all - nevertheless, it was MY medical information that was shared directly with others without any formal or informal request.

:::::::::::

I appreciate your help - is there any more i can say without further embarrassing myself? what i'm reading in HIPAA is that there ARE reasons med staff can share with law officers, with certain legal requests and in the interest of other legalities, but just discussing my lab results in the same private room with others present does not seem to be covered...

confused yet? i apologize. thanks for your help.

g

Not confused - but I'm not keen on pulling teeth this afternoon

So, please answer as best you can:

Why exactly were you accompanied by the officers? The reason could make quite a difference.

[glennn.php]

ok. sorry.

i was on my way to jail in the back of a police car, having failed to return to Sheriff's Office Work RElease program from my office. they had picked my up at work, saying something about "escape" even though i was at work (12 hours too long).

i said something about chest pains that i had suffered the night before (and visited the ER at the time, from my office, to return to my office afterward) and they took me to the hospital en route to jail. while they sat there with me in a private ER room, my previous evening's ER visit and lab results came up between the Dr and ME; they were just listening.

when the dr mentioned the presence of an illegal drug, one got on the phone to his superior. nothing came of it.



i can't help we are supposed to be protected from frivolous and irresponsible privacy charing like that...? yes, no?

now I'M the one pulling teeth. that's embarrassing. (this was only 2 months ago).

[Proserpina]

Originally Posted by glennn.php

ok. sorry.

i was on my way to jail in the back of a police car, having failed to return to Sheriff's Office Work RElease program from my office. they had picked my up at work, saying something about "escape" even though i was at work (12 hours too long).

i said something about chest pains that i had suffered the night before (and visited the ER at the time, from my office, to return to my office afterward) and they took me to the hospital en route to jail. while they sat there with me in a private ER room, my previous evening's ER visit and lab results came up between the Dr and ME; they were just listening.

when the dr mentioned the presence of an illegal drug, one got on the phone to his superior. nothing came of it.



i can't help we are supposed to be protected from frivolous and irresponsible privacy charing like that...? yes, no?

now I'M the one pulling teeth. that's embarrassing. (this was only 2 months ago).

You have no case. No rights were violated in this situation - nothing wrong was done here and I think you know that.

[glennn.php]

no, i don't know that - i'd be glad to hear how my previous evening's hospital visit is of any concern of the officers?

these are the reasons HIPAA gives for sharing with LEO's:

To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer, or a grand jury subpoena.

To respond to an administrative request, such as an administrative subpoena or investigative demand or other written request from a law enforcement official.

To respond to a request for PHI for purposes of identifying or locating a suspect, fugitive, material witness or missing person;

This same limited information may be reported to law enforcement:

About a suspected perpetrator of a crime when the report is made by the victim who is a member of the covered entity’s workforce (45 CFR 164.502(j)(2));

To identify or apprehend an individual who has admitted participation in a violent crime...

To respond to a request for PHI about a victim of a crime, and the victim agrees.

To report PHI to law enforcement when required by law to do so

To alert law enforcement to the death of the individual

To report PHI that the covered entity in good faith believes to be evidence of a crime that occurred on the covered entity’s premises

When responding to an off-site medical emergency, as necessary to alert law enforcement about criminal activity.

:::::::::::::


i don't see how my situation falls into there anywhere. why aren't my lab results private if i was not in custody when they were taken?

[Proserpina]

So when the doctor came in to speak with you, and you asked the officers to leave the room, what happened?

[Adalaide78]

While on work release the only privilege generally granted is that to go directly to work, work, return directly from work. Going to the hospital without notifing the jail was a violation of your work release and could result in your work release privileges being revoked. Also, by consenting to have a person in the room with you at an ER it is generally accepted that said person will gain access to any medical information discussed in their presense.

[glennn.php]

good points both -

the Work Release priv. issue is moot, since i'd already blown that by not returning;

as far as consenting to have them in the room, they'd have found it quite funny if i'd have asked them for some privacy. there was no consent. i was in custody.

and my results of any previous procedures had nothing to do with the current visit. there was no reason to think it was going to come up even if i could have asked for privacy.

food for thought tho. i'll ponder this.

thanks ya'll.

[lya]

The officers could not leave the room; therefore, they were privy to any discussion about your health.

No wrong-doing by anyone.

[ecmst12]

You were a prisoner and so not entitled to any privacy.

[Proserpina]

Originally Posted by lya

The officers could not leave the room; therefore, they were privy to any discussion about your health.

No wrong-doing by anyone.

Precisely