HIPPA Violation

[Mary2016 55]

I am in shock and so upset. I needed my pcp to fill out a form for medical necessity for the surgery. She also needed to fill in my weights, comorbidities and also a years worth of progress notes from my visits. I faxed the form from work to their office, with a letter stating they could notify me when completed and I would pick it up. Well......a coworker came in to me today with a fax for me. All of my personal health information, my weight for the past year AND the fact that I am in the process of qualifying for bariatric surgery was for anyone to read. They randomly faxed this information to my employer. I have no idea how they got the fax number. I could not believe it. My employer has no idea I am having surgery. Or at least HAD no idea. A good friend got the fax and brought it to me. Next thing I knew, another person gave me another copy that was faxed. Not sure what else is floating around.

I am hoping it wasn't read, and I did ask the coworker to keep it quiet. I blasted the doctors office. But I am truly so upset. I wanted to wait until I was approved before i told work. I just feel like any moment someone else is going to drop off my personal health information at my office door

Just venting. Ugh!!!

[Valentina 2,642]

It's your move.

What are you willing to do about the violation? Every medical office has a "HIPPA representative. Some one could very likely lose their job.

You would be justified--if that would "make it better".

It's your move.

[animallover1247 249]

Don't feel bad...I had the same thing happen to me. Mine may not have been such a blatant HIPPA violation as yours is but a violation nevertheless.

When I completed by application, there was a space for my work number. I specifically added a note on the application that said "DO NOT CONTACT ME AT WORK." Well, what happens? They call me at work. Calling me at work is not so bad in itself but we have caller id (which pops up on every single phone in the office) and no one at work knew I was having surgery. I share an office with four other people who were sitting there when the call came to me. Well, at this point I was forced to tell them.

I blasted the person who called me who was very apologetic but I also let the office manager know. She didn't seem to think it was much of an issue stating "we have an old computer system and there is not a place to add additional information like do not contact at work." My suggestion was to find some kind of system so this can be avoided in the future.

Unfortunately, as you know, this can't be undone so your only recourse is to file a complaint. Otherwise, you just have to take it and that sucks unless of course you ask for a discount on your surgery lol

I am very curious....what was the response when you called them?

Edited April 1, 2016 by animallover1247

[Mary2016 55]

First I spoke to the office staff. I asked them to find out who faxed the info and what line did they use. Our numbers in the office bounce, so if a fax is busy it could be bounced anywhere. At first she said she didn't know. Then I told her that it was essentially faxed to a public fax without my knowledge and a HIPPA violation, and if she didn't know what number, she better find out fast. Then the nurse I have been dealing with came on the line. She was so apologetic, she didn't do the faxing. She gave me the fax number so I could track it. I work in healthcare and my doctors office is part of the same hospital system that I work for. I know our policy is immediate dismissal for such a violation and no grey area. HIPPA violated, good bye.

In answer to the first poster who responded, as I told the nurse, my intent is not to get someone fired, but they need to get a clue!

[OutsideMatchInside 10,166]

Won't you get in trouble for misappropriating office supplies by using the company fax machine? Using the fax machine at your job for personal things is theft. If you didn't use the work fax machine, they would have never sent a fax back to that number.

There are services you can use to fax from the computer, like efax and hello fax.

[Mary2016 55]

No, we are allowed to make phone calls at work. If we are standing at a fax machine all day that would be a productivity issue. We are not banned in sending personal faxes. So I guess I haven't committed a crime. Lol.

[LisaMergs 2,854]

Won't you get in trouble for misappropriating office supplies by using the company fax machine? Using the fax machine at your job for personal things is theft. If you didn't use the work fax machine, they would have never sent a fax back to that number.

There are services you can use to fax from the computer, like efax and hello fax.

Really? That is your reply? Please.

[IrishGermanRN 151]

Won't you get in trouble for misappropriating office supplies by using the company fax machine? Using the fax machine at your job for personal things is theft. If you didn't use the work fax machine, they would have never sent a fax back to that number.

There are services you can use to fax from the computer, like efax and hello fax.

Really? That is your reply? Please.

I can see both your points. It is a legitimate question. I am in no way to use company property for personal fax. This situation is still in strict violation of Hipaa and inexcusable. Perhaps it was the delivery of the poster.

[cat saaski 104]

They would have gotten the fax number off the fax you sent them. Most times when a fax prints out to the recipient there is a little digital message at the top stating what number it was from.

I do think this is a HIPAA violation and most doctors office have their own policies on reprimanding an employee who has violated a patients rights, dependent on the severity of the violation. You can also contact the government and file a complaint against their office if you feel that they didn't handle it appropriately and/ or you feel there is the possibility that they are not protecting their patients in general and then there would be a complete audit on their office.

If you pursue it that far though I would consider getting a new surgeon.

Best of luck.

[4MRB4PHOTO 3,899]

Won't you get in trouble for misappropriating office supplies by using the company fax machine? Using the fax machine at your job for personal things is theft. If you didn't use the work fax machine, they would have never sent a fax back to that number.

There are services you can use to fax from the computer, like efax and hello fax.

Most companies have a "reasonable use" policy of company owned assets.

Making a couple of faxes or even photocopies on your coffee or lunch break or before or after your shift should be acceptable.

[Valentina 2,642]

First I spoke to the office staff. I asked them to find out who faxed the info and what line did they use. Our numbers in the office bounce, so if a fax is busy it could be bounced anywhere. At first she said she didn't know. Then I told her that it was essentially faxed to a public fax without my knowledge and a HIPPA violation, and if she didn't know what number, she better find out fast. Then the nurse I have been dealing with came on the line. She was so apologetic, she didn't do the faxing. She gave me the fax number so I could track it. I work in healthcare and my doctors office is part of the same hospital system that I work for. I know our policy is immediate dismissal for such a violation and no grey area. HIPPA violated, good bye.

In answer to the first poster who responded, as I told the nurse, my intent is not to get someone fired, but they need to get a clue!

You posted that you work within the same hospital system as the office where the fax came from.

If you look at your HIPPA documentation there is a statement in there that there is a relaxing of HIPPA rules when "communicating within the same hospital systems, and their representatives."

Was there some mistakes made? Yup.--on both sides. In this day and age, no one should never fax personal information that you want to keep confidential--unless you KNOW that the fax is going to a PRIVATE fax machine/computer.

Once again, I have to question the reasoning of "hiding" one's bariatric surgery?? Are you ashamed of having it?? --afraid of what others with think?? Does it really matter? Aren't we all supposed to be having WLS for OURSELVES??

Especially those of us who work or have worked in the Healthcare field. I would hope that we would want to set an example.--to stand up proudly that we had the courage and determination to conquer our "disease demons".

I find absolutely nothing to hide nor be ashamed of by having WLS. Once we try to hide it, cover it up or lie about it, --that is when the spider web of telling two lies to cover up one lie and so on and so on. I don't know about you all, but my memory isn't good enough to remember what lie I told to whom.

Getting back to the faxing fiasco:

Lesson learned by all involved--I hope.

[Mary2016 55]

Oh for the love of God.....

- I was upset that my weight for the past 5 years and the fact that I was having bariatric surgery was plastered all over my very large office. Thank goodness it wasn't what it could have been, an embarrassing disaster. I don't share my weight with others, don't know about you. I posted for support. I have gotten some very interesting/ strange comments. I was UPSET. needed a little emotional support from some people that can understand.

- I did not commit a theft since we are allowed to use the fax for personal reasons as well. A blank form was faxed by me to my primary. No confidential info on this end was faxed. With it was a letter requesting they call me when done and I would pick up papers in person. No call, just a fax to a department in my office was received with an entire year of my office visit record. They had a fax number on file to my company. They blatantly disregarded my letter. I'm upset, but recognize mistakes are made.

- hiding surgery? When I go out on a leave I NEVER need to tell my boss. I need to have paperwork filled out by my surgeon and it would go through my HR leave team. It is confidential and my boss does not need to be told why and can not ask me why. Whether I am uncomfortable telling them or not is no ones business. But for the record, if they know they will try to have me delay. I work in healthcare and just about anyone in healthcare right now knows how tough things are going. We have limited staff and my job is a specialty. I have been waiting for them to get me help for over a year with no real end in sight. My need to keep it quiet has nothing to do with being embarrassed and everything to do with what is best for me.

I really didn't want to explain all of that, but I was really surprised by some of the comments. So, have at it. I'm done.

[LisaMergs 2,854]

First I spoke to the office staff. I asked them to find out who faxed the info and what line did they use. Our numbers in the office bounce, so if a fax is busy it could be bounced anywhere. At first she said she didn't know. Then I told her that it was essentially faxed to a public fax without my knowledge and a HIPPA violation, and if she didn't know what number, she better find out fast. Then the nurse I have been dealing with came on the line. She was so apologetic, she didn't do the faxing. She gave me the fax number so I could track it. I work in healthcare and my doctors office is part of the same hospital system that I work for. I know our policy is immediate dismissal for such a violation and no grey area. HIPPA violated, good bye.

In answer to the first poster who responded, as I told the nurse, my intent is not to get someone fired, but they need to get a clue!

You posted that you work within the same hospital system as the office where the fax came from.

If you look at your HIPPA documentation there is a statement in there that there is a relaxing of HIPPA rules when "communicating within the same hospital systems, and their representatives."

Was there some mistakes made? Yup.--on both sides. In this day and age, no one should never fax personal information that you want to keep confidential--unless you KNOW that the fax is going to a PRIVATE fax machine/computer.

Once again, I have to question the reasoning of "hiding" one's bariatric surgery?? Are you ashamed of having it?? --afraid of what others with think?? Does it really matter? Aren't we all supposed to be having WLS for OURSELVES??

Especially those of us who work or have worked in the Healthcare field. I would hope that we would want to set an example.--to stand up proudly that we had the courage and determination to conquer our "disease demons".

I find absolutely nothing to hide nor be ashamed of by having WLS. Once we try to hide it, cover it up or lie about it, --that is when the spider web of telling two lies to cover up one lie and so on and so on. I don't know about you all, but my memory isn't good enough to remember what lie I told to whom.

Getting back to the faxing fiasco:

Lesson learned by all involved--I hope.

You know. I've been sitting reading and rereading this trying to decide if I was going to comment. Sorry, but the ugly monster got the best of me.

Valentina- I may be new-ish to this forum but why do you think it is ok to bash someone who was sickened at the thought of her personal information being spread around a large office? You say you aren't ashamed of having surgery- good for you. But do not project your opinions on others as though you are right and they are wrong. In fact- YOU are shaming anyone who does not subscribe to your belief that you need to tell everyone your business. Heck- I bet you have told tons of people who actually couldn't care less.

Who we choose to share our surgery with is our own business and ours alone. That goes for you. Rent a billboard for Petes sake. But don't think for one moment it is ok to tear down those who think differently from you.

As for Hippa laws- there has not been any "relaxing" since the days it was set in motion. Your facts are wrong. I've been a healthcare provider since 1985. Been there. Done that. When she is acting in the capacity of a patient, her rights are to be maintained just as any other non-employee patient.

[missvee 28]

I would be pissed and definitely pursue it. My office fax comes into our emails!!!! So all other 8 employees and 2 managers would've read it!

You didn't do anything wrong and if they can't follow a simple request from a patient they shouldn't be working there

Sent from my iPhone using the BariatricPal App

[Valentina 2,642]

You posted that you work within the same hospital system as the office where the fax came from.

If you look at your HIPPA documentation there is a statement in there that there is a relaxing of HIPPA rules when "communicating within the same hospital systems, and their representatives."

Was there some mistakes made? Yup.--on both sides. In this day and age, no one should never fax personal information that you want to keep confidential--unless you KNOW that the fax is going to a PRIVATE fax machine/computer.

Once again, I have to question the reasoning of "hiding" one's bariatric surgery?? Are you ashamed of having it?? --afraid of what others with think?? Does it really matter? Aren't we all supposed to be having WLS for OURSELVES??

Especially those of us who work or have worked in the Healthcare field. I would hope that we would want to set an example.--to stand up proudly that we had the courage and determination to conquer our "disease demons".

I find absolutely nothing to hide nor be ashamed of by having WLS. Once we try to hide it, cover it up or lie about it, --that is when the spider web of telling two lies to cover up one lie and so on and so on. I don't know about you all, but my memory isn't good enough to remember what lie I told to whom.

Getting back to the faxing fiasco:

Lesson learned by all involved--I hope.You know. I've been sitting reading and rereading this trying to decide if I was going to comment. Sorry, but the ugly monster got the best of me.

Valentina- I may be new-ish to this forum but why do you think it is ok to bash someone who was sickened at the thought of her personal information being spread around a large office? You say you aren't ashamed of having surgery- good for you. But do not project your opinions on others as though you are right and they are wrong. In fact- YOU are shaming anyone who does not subscribe to your belief that you need to tell everyone your business. Heck- I bet you have told tons of people who actually couldn't care less.

Who we choose to share our surgery with is our own business and ours alone. That goes for you. Rent a billboard for Petes sake. But don't think for one moment it is ok to tear down those who think differently from you.

As for Hippa laws- there has not been any "relaxing" since the days it was set in motion. Your facts are wrong. I've been a healthcare provider since 1985. Been there. Done that. When she is acting in the capacity of a patient, her rights are to be maintained just as any other non-employee patient.

Opinions. Everyone has one and that's what I have given. If you don't agree, well that is you're opinion. On this subject. On this day. I gave my opinion.

FYI: My S.O. committed suicide the morning of my surgery. So, you're damned right about my opinion about having WLS is nothing to be ashamed of, nor something to hide! MY OPINION: Stand up, be proud of my journey because now I have to travel that journey alone. I will NEVER again keep it a secret. ON THIS DAY, ON THIS SUBJECT, THIS IS MY OPINION.

As far as the HIPPA statement---I know of what I speak. I was a Medical Specialty Administrator for 30 years Doctors are always going to "have an out" wherever there might be the slightest chance of malpractice. The clause of which I wrote is there. I paraphrased it, but it is there. Been there. Done that and have the T-shirt that says so.

God Bless.