Help Fast Member in Need HIPPA Questions

[chemboy7]

Things have really been going to shit for one of our most respected members here lately, I'm not even going to reveal who it is because I don't find it realivant. Anyways said member's family has recently tried having her commited and having failed at that are now turning her home into as much of a psych-ward as they possibly can. They follow her everywhere she goes and monitors her every move. They have cut off all her funds, called the schools and church and told them not to allow her to pick up her own children and that's just the begining of the list. She really doesn't need any of that shit right now (who does?) but on top of everything her family has been calling her doctors and saying she's "suicidal" and "abusing drugs" and "using syringes"... the pain management doc abrubtely calls her in for a UA, of course, and out of paranoia of getting all her scripts cut she shows up on time Friday instead of waiting it out until Monday when she would have been fine. The only thing that she tested possitive for was a small amount of Cocaine (she did one hit IV on the weekend and had a couple lines up each nostril the following Monday), but that was enough to get all her meds cut. If that isn't bad enough this asshole quack goes ahead and call's her husband at work and tells him of the possitive results and reccomends an inpatient rehab facility. WTF! That really pisses me off, I know that has to violate HIPPA laws doesn't it? She is worried that the pain management contract that she had to sign could somehow void her HIPPA rights, but I just don't think that's a possibility. While I am certainly no HIPPA expert I do know the AMA really likes smashing the balls of the violating physician. I want him to lose his fucking licence and have his nails pulled out, she wants to sue because the unique set of circumstances she is in this leak of information could cause her financial ruin. Can she sue, is this a possibility? I fear it is not, but I'm sure she could get the AMA involved on this HIPPA violating piece of shit, no?

I really think rehab is the last thing she needs right now. While she is physically dependent on Opaites and Benzodiazepines she is certainly no junky... much, much cleaner than myself and probably most members here. It's not junky-like to be able to have the self control to stash away excess meds and have a stockpile, I know I couldn't do it. She is not compulsive in the least and is certainly not deserving of inpatient rehab. Ultimately she has to be the one to sign herself in, which I am advising against with every fiber of my being, but she fears that her husband will threaten to get the police involved if she doesn't. Shitty place to be, right? If she get's forced into going to detox I'm signing myself in too because she definately does not need to be trapped in that hell hole alone, not right now. She wanted me to post these HIPPA questions here where some health professionals can see them.

This is a clear violation, right?

What action should she take to get the AMA involved?

Is their anyway that she could be financially reimbursed for the chain of events that stemmed from said violation?

[flipside]

Unless she signed somthing that gave her Dr permission to communicate with her husband.this is def a clear vioation of HIPPA and Dr/patient confidentiality.

The only way a doctor can legaly break privledge is if the patient is a danger to herself or others..ie suicidal or homocidal.

Let me research this a bit and see what the best recourse is. She should report this to the Ethics board in your state, and Ethics committee at the facility this PM doc practices... and the patient advocate at the facility

Roxi or Candy may know exactly what to do off the top of their heads. But that is where I would start.

PM me the state you are in and I'll see what I can find out. Also your friend should get a copy of her medical records from the PM doctor.

[stormyskier]

I am with flip on this one unless she signed something, is suicidal or homicidal no info can be given out and that's a $10,000. hippa violation.

[candy]

Things have really been going to shit for one of our most respected members here lately, I'm not even going to reveal who it is because I don't find it realivant. Anyways said member's family has recently tried having her commited and having failed at that are now turning her home into as much of a psych-ward as they possibly can. They follow her everywhere she goes and monitors her every move. They have cut off all her funds, called the schools and church and told them not to allow her to pick up her own children and that's just the begining of the list. She really doesn't need any of that shit right now (who does?) but on top of everything her family has been calling her doctors and saying she's "suicidal" and "abusing drugs" and "using syringes"... the pain management doc abrubtely calls her in for a UA, of course, and out of paranoia of getting all her scripts cut she shows up on time Friday instead of waiting it out until Monday when she would have been fine. The only thing that she tested possitive for was a small amount of Cocaine (she did one hit IV on the weekend and had a couple lines up each nostril the following Monday), but that was enough to get all her meds cut. If that isn't bad enough this asshole quack goes ahead and call's her husband at work and tells him of the possitive results and reccomends an inpatient rehab facility. WTF! That really pisses me off, I know that has to violate HIPPA laws doesn't it? She is worried that the pain management contract that she had to sign could somehow void her HIPPA rights, but I just don't think that's a possibility. While I am certainly no HIPPA expert I do know the AMA really likes smashing the balls of the violating physician. I want him to lose his fucking licence and have his nails pulled out, she wants to sue because the unique set of circumstances she is in this leak of information could cause her financial ruin. Can she sue, is this a possibility? I fear it is not, but I'm sure she could get the AMA involved on this HIPPA violating piece of shit, no?

I really think rehab is the last thing she needs right now. While she is physically dependent on Opaites and Benzodiazepines she is certainly no junky... much, much cleaner than myself and probably most members here. It's not junky-like to be able to have the self control to stash away excess meds and have a stockpile, I know I couldn't do it. She is not compulsive in the least and is certainly not deserving of inpatient rehab. Ultimately she has to be the one to sign herself in, which I am advising against with every fiber of my being, but she fears that her husband will threaten to get the police involved if she doesn't. Shitty place to be, right? If she get's forced into going to detox I'm signing myself in too because she definately does not need to be trapped in that hell hole alone, not right now. She wanted me to post these HIPPA questions here where some health professionals can see them.

This is a clear violation, right?

What action should she take to get the AMA involved?

Is their anyway that she could be financially reimbursed for the chain of events that stemmed from said violation?


www.hhs.gov/ocr/hipaa (http://forum.opiophile.org/www.hhs.gov/ocr/hipaa)

Try this site above and read through the information.

As I understand it, unless you give him specific contacts he may call regarding your care, he is not allowed to share your information with just anyone, except in regards to the treatment of your care, which includes other doctors, nurses, or health care workers involved in your treatment.

The privacy rule may not apply if the doctor feels you are a danger to yourself and others. If you made a threat to kill yourself then I think the doctor can use his own judgment and contact the authorities.

HIPPA was designed to protect patients ritghts.So check out the site!

[chemboy7]

Alright, so appearentely if anyone help's you pay for your healthcare they are privy to your HIPPA protected information? That doesn't sound right to me; I mean would they treat a case of HIV or cancer in the same fashion? Ugh, even beyond that barrier there is still the fact that (regardless of how true the statements where) the whole thing that got her in for the UA in the first place was her inlaws calling her doctors stirring shit up saying she was "suicidal" so I guess they could get away saying they thought she could be a danger to herself or others... damn. I still think that that was a pretty low blow and would like to see him punished for it. I guess it wouldn't fix the problem or get her meds back anyways; I can still think he's a prick though. One good thing is that rehab is looking less and less likely everyday now, so that's definately possitive, the problem is still far from over though. Thank's to everyone who helped out or contacted me on behalf of this thread/question. Doesn't look like she is contemplating the HIPPA route anymore; guess all we can really do at this point is wish her the best with it.