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Doctor staff relays information to family member without consent

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above82

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

I take my 9 month old daughter to my boyfriends family pediatrician where his sister is employed as an assistant/receptionist.

Recently after a visit to the doctor where my boyfriend wasnt present, his sister called him to let him know what the outcome of the visit to the doctor was. She basically told him everything the doctor told me without my consent. I had called my boyfriend to let him know what the doctor had said and he told me his sister already told him everything. Isnt this a violation of the doctor patient confidentiality law? I feel she had no right to discuss anything with anyone without my consent. Am I right?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Fl

I take my 9 month old daughter to my boyfriends family pediatrician where his sister is employed as an assistant/receptionist.

Recently after a visit to the doctor where my boyfriend wasnt present, his sister called him to let him know what the outcome of the visit to the doctor was. She basically told him everything the doctor told me without my consent. I had called my boyfriend to let him know what the doctor had said and he told me his sister already told him everything. Isnt this a violation of the doctor patient confidentiality law? I feel she had no right to discuss anything with anyone without my consent. Am I right?
Is your boyfriend the parent of the child?
 

CJane

Senior Member
Or, is he listed on the form you filled out where you give authorization for information to be shared with specific parties?
 

barry1817

Senior Member
Hipaa

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

I take my 9 month old daughter to my boyfriends family pediatrician where his sister is employed as an assistant/receptionist.

Recently after a visit to the doctor where my boyfriend wasnt present, his sister called him to let him know what the outcome of the visit to the doctor was. She basically told him everything the doctor told me without my consent. I had called my boyfriend to let him know what the doctor had said and he told me his sister already told him everything. Isnt this a violation of the doctor patient confidentiality law? I feel she had no right to discuss anything with anyone without my consent. Am I right?
Have a problem understanding any concern, as you mention that you were sharing all information with your boyfriend. Is there more going on that we are missing with the sister of your boyfriend?
 

justalayman

Senior Member
is your boyfriend the child's father? If so, unless there is some court order restricting your bf from receiving information about his child, he has the same legal right to the information about his child as you do. You have no right to control the information and withhold it from the child's father.


I feel she had no right to discuss anything with anyone without my consent. Am I right?
not if your bf is the child's father, no, you aren't right.
 

above82

Member
yes my boyfriend is the father. But he didnt ask her for the information she just basically called him and told him what was up before I could even tell him myself. Theres nothing in particular going on with us I just didnt like the fact that before I could even get two steps out of the doctors office she had already called him with the info.

I always thought any information between patient and doctor was just that unless otherwise noted that it can be shared with the permission of the patient.
 

Zigner

Senior Member, Non-Attorney
yes my boyfriend is the father. But he didnt ask her for the information she just basically called him and told him what was up before I could even tell him myself. Theres nothing in particular going on with us I just didnt like the fact that before I could even get two steps out of the doctors office she had already called him with the info.

I always thought any information between patient and doctor was just that unless otherwise noted that it can be shared with the permission of the patient.
He has every right to have the information. Your post title is totally misleading - you are trying to shape the question to obtain the answer you WANT to hear. He is the FATHER for chrissakes!
 

CSO286

Senior Member
He has every right to have the information. Your post title is totally misleading - you are trying to shape the question to obtain the answer you WANT to hear. He is the FATHER for chrissakes!
No, it isn't.

The problem is not that the boyfriend is obtaining the infomation, it is that his sister--the receptionist is breaching HIPAA to obtain and provide the info. That is a problem.

The boyfirend--'ass'uming he is the father of the child and has a legal right to the child's medical info--needs to obtian the information by contacting the clinic and speaking with the child's dorctor or his nurse. The front desk staff should not have access to the protected informaiton.
 

Zigner

Senior Member, Non-Attorney
No, it isn't.

The problem is not that the boyfriend is obtaining the infomation, it is that his sister--the receptionist is breaching HIPAA to obtain and provide the info. That is a problem.

The boyfirend--'ass'uming he is the father of the child and has a legal right to the child's medical info--needs to obtian the information by contacting the clinic and speaking with the child's dorctor or his nurse. The front desk staff should not have access to the protected informaiton.
There is no breach of HIPAA when giving information to the parent of the child.
 

CSO286

Senior Member
There is no breach of HIPAA when giving information to the parent of the child.
Yes, there is. The receptionist is committing the breach by accessing her nephew's chart in order to provide information to the child's parent.

"Ass"uming she has not been trained/authorized to provide medical info to patients/family member, then she is violating HIPAA as well as internal data privacy procedures.
 

Zigner

Senior Member, Non-Attorney
Yes, there is. The receptionist is committing the breach by accessing her nephew's chart in order to provide information to the child's parent.

"Ass"uming she has not been trained/authorized to provide medical info to patients/family member, then she is violating HIPAA as well as internal data privacy procedures.
Read what I said again:

There is no breach of HIPAA when giving information to the parent of the child.
That statement is abso-dang-lutely true. The OP is mad because SHE didn't get to tell the father of the child the information on HER terms. OP is mad because she wants to have power over the other parent.


ETA: Did you notice that the "receptionist" is also the "assistant"?
I take my 9 month old daughter to my boyfriends family pediatrician where his sister is employed as an assistant/receptionist.
It's entirely possible that the sister was present during the exam.
 
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CSO286

Senior Member
OP--If you are concerned about whether or not the sister/recetionist/assistant has aright to be releasing paitient information, then contact the office manager and express your concerns.

What happens beyond that, is an in-house issue.



@Zig--that is why I said specifically:

"Ass"uming she has not been trained/authorized to provide medical info to patients/family member, then she is violating HIPAA as well as internal data privacy procedures.
Of course, if she is trained and/or authorized to do so, then no breach occurred.

There are still to many variables in this situation that haven't been explained to make a definitive determination about wheter or not a violation has occured.

*sigh*
 

justalayman

Senior Member
Of course, if she is trained and/or authorized to do so, then no breach occurred.

There are still to many variables in this situation that haven't been explained to make a definitive determination about wheter or not a violation has occured.

*sigh*
first, read the HIPAA rules and see where your argument is not valid. If anything, this is a breach of their office's rules. There is nothing to suggest it is a violation of HIPAA
 

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