Appointment in the LOBBY

[EliJunior]

What is the name of your state? CT

I am the caretaker for my 84-year-old mother. She has mobility issues and uses a walker in her apartment and a wheelchair for external appointments.

Recently, she had an appointment with her neurologist; the entire point of the visit was to review xrays that she had done through an outside vendor. When we got to the doctors office (which is located on the second floor), we found that the elevator was out of order and the tiny lobby was crowded with other patients.

I ran up to let the people in the office know that the elevator was not working and to ask what we should do next... they sent me back to the lobby and said the doctor would come down.

While waiting, another doctor in the practice showed up and began giving an exam to another wheelchair-bound patient, including openly discussing that patients history, all about two feet away from us.

When my mother’s doctor showed up, she stated that she didn’t have the xrays needed for the appointment (I have a written statement from the radiologist stating that the results were sent weeks earlier.) There was, therefore, no reason for the appointment. I called the office later that day and told them that the whole ordeal was a waste of time and that we should not be billed as no actual services were performed.

They billed us anyway. In fact, they’ve sent the bill to collections and are now threatening legal action.

I don’t believe we should pay. I also feel the practice should be reported to the State, as the situation in the lobby seems like a glaring HIPAA violation. Any suggestions?

 

[Taxing Matters]

What is the name of your state? CT

They billed us anyway. In fact, they’ve sent the bill to collections and are now threatening legal action.

I don’t believe we should pay.

Just from hearing your side of things, I agree and wouldn't pay when the practice was not prepared for the purpose of the appointment.

I also feel the practice should be reported to the State, as the situation in the lobby seems like a glaring HIPAA violation. Any suggestions?

You may report HIPAA violations to the U.S. Department of Health and Human Services (HHS). It is the agency that enforces the HIPAA statute. you'll find the information needed to do that here: https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html

However, the situation that the practice was facing was one in which its options were limited because of something out of its control: the elevator was out of service. The HIPAA HHS regulations do take that sort of situation into account. The pratice needed to whatever they could practically do in that situation to preserve the privacy of protected health information (PHI). But when it's not practical to completely prevent others from hearing PHI it is inevitable that some people will hear the health information of others and may not be violation. You may make the complaint though and let HHS decide that.

 

[Zigner]

Just from hearing your side of things, I agree and wouldn't pay when the practice was not prepared for the purpose of the appointment.



You may report HIPAA violations to the U.S. Department of Health and Human Services (HHS). It is the agency that enforces the HIPAA statute. you'll find the information needed to do that here: https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html

However, the situation that the practice was facing was one in which its options were limited because of something out of its control: the elevator was out of service. The HIPAA HHS regulations do take that sort of situation into account. The pratice needed to whatever they could practically do in that situation to preserve the privacy of protected health information (PHI). But when it's not practical to completely prevent others from hearing PHI it is inevitable that some people will hear the health information of others and may not be violation. You may make the complaint though and let HHS decide that.

I'd like to add that you will not hear the outcome of the investigation (if any) that results from reporting a suspected HIPAA violation.

 

[zddoodah]

I don’t believe we should pay.

I don't think there's any "we" here (unless you signed to be liable for your mother's medical bills). Otherwise, I'm inclined to agree, as long as the doctor knew the ONLY purpose of the appointment was to review the x-rays.

I also feel the practice should be reported to the State, as the situation in the lobby seems like a glaring HIPAA violation.

HIPAA is a federal law, so reporting a suspected violation to the state would be pointless. Also, it does not sound like any information regarding your mother was disclosed to anyone else, so I don't see how you think HIPAA might have been violated.

Any suggestions?

Is your mother covered by medical insurance? If so, report what you wrote here to the insurer, and the insurer can make the decision to pay or not. If the doctor sends the bill to a collection agency, then your mother can disputed it and, if she gets sued, she can defend against the claim.

 

[FlyingRon]

I just closed on a property where the entire transaction took place in the lobby of the attorney's office through the little window to the receptionist's area. Two signatures on my part (one of the easier ones I did). The attorney did collect his full fee.

 

[quincy]

What is the name of your state? CT

I am the caretaker for my 84-year-old mother. She has mobility issues and uses a walker in her apartment and a wheelchair for external appointments.

Recently, she had an appointment with her neurologist; the entire point of the visit was to review xrays that she had done through an outside vendor. When we got to the doctors office (which is located on the second floor), we found that the elevator was out of order and the tiny lobby was crowded with other patients.

I ran up to let the people in the office know that the elevator was not working and to ask what we should do next... they sent me back to the lobby and said the doctor would come down.

While waiting, another doctor in the practice showed up and began giving an exam to another wheelchair-bound patient, including openly discussing that patients history, all about two feet away from us.

When my mother’s doctor showed up, she stated that she didn’t have the xrays needed for the appointment (I have a written statement from the radiologist stating that the results were sent weeks earlier.) There was, therefore, no reason for the appointment. I called the office later that day and told them that the whole ordeal was a waste of time and that we should not be billed as no actual services were performed.

They billed us anyway. In fact, they’ve sent the bill to collections and are now threatening legal action.

I don’t believe we should pay. I also feel the practice should be reported to the State, as the situation in the lobby seems like a glaring HIPAA violation. Any suggestions?

The other patient who met with the other doctor in the lobby might have a viable HIPAA complaint. I don’t see that you or your mother have much of one as your mother’s doctor apparently did not disclose any of your mother’s confidential medical information.

It is always within a patient’s rights to object to the time, place and manner of a medical examination, by the way. And it is always within a patient’s rights to dispute a medical billing.

 

[stealth2]

Just as a hint... even if the *other* provider says they sent XYZ, it is always wise to check that (whatever) arrived prior to the appt.