HIPAA violation: What would you do?

[theantichick 2,204]

Also an RN here, they seriously need to evaluate their protocols. If they are afforded the chance to fix this internally, it can save them a huge amount of embarrassment and money. I wouldn't report them to the authorities, but I would make sure management is aware. If this happens to someone else and they are reported, the fines can be huge and heads WILL roll. I know that while the frontline employee getting in trouble won't appreciate it, the company WILL appreciate the heads up and the opportunity to fix their procedures that allowed this to happen.

[rlinda72 10]

Yes, report it! Being in medical field for over 25yrs, yes its a mistake, but it should not go uncorrected by management. What if you knew the person and it contained sensitive information? One thing to never forget, if that was information 9n your loved one or yourself, sent to someone else, wouldn't you want the best outcome? It may happen more than you know...

Sent from my SM-G920V using the BariatricPal App

[BayougirlMrsS 3,939]

@@WLSResources/ClothingExch Is the person you spoke with the office manager? If not, I would ask to speak with the OM. Tell them what happened, this may move your request faster. How far are you from the office? Is it possible you can go there and get what you need? If so, i would and take the incorrect items and tell them you are not leaving till you get yours. I would hold on to the paperwork till i got what i needed. If you get nothing in the next couple days.... I would simply say, well then i guess ill just turn this over to HIPPA... That should get them moving.

[WLSResources/ClothingExch 3,444]

@@theantichick @@rlinda72 -- I will be calling the facility after the weekend to speak with an official. If the response assures me, in words and attitude, that steps will be taken, I'll drop it. If it seems indifferent (which I'm not expecting), then I'll contact HIPAA. What I'd like to hear goes beyond "We'll certainly tell staff to be more careful." "We'll have the hands-on staff double-check of each other before packages are sealed for mailing." I'll make the suggestion if necessary.

@@bayougirlmrsc -- This isn't a matter of vengeance and retribution. It began with human error, not acceptable, but certainly not malicious. There 's no call for threats or blackmail. It's about my wish to see that the privacy of all is protected as is proper and provided by law. It's about a cooperative effort. Never for a moment have I doubted that I will receive my records in the time I was told at first.

Edited December 30, 2016 by WLSResources/ClothingExch

[BayougirlMrsS 3,939]

@@WLSResources/ClothingExch I wouldn't call it either of those two things....I call it leverage. I would say if your concern is the privacy of ALL... then report it no matter what attitude you get.

[WLSResources/ClothingExch 3,444]

@@bayougirlmrsc, I wouldn't expect that you would call it either of those two things. Nevertheless, "leverage" is still adversarial and what I call "counter-productive." You see a fight where there is none. No malice was intended.

Anyone else still around? The denouement is that I spoke with an executive of the facility. She already knew of the incident, having been informed by the front-line person I spoke with before the weekend. The explanation of the error is most plausible and a simple change in procedure had already been devised and implemented to prevent a repeat. I am satisfied with the response and trust in it. My own images and report have been overnighted.

[BayougirlMrsS 3,939]

@@WLSResources/ClothingExch Why would you say that.... i've never done anything to you.... and for you to say that was hateful and uncalled for.

You're the one that ask for "opinions".... sorry you didn't agree with mine. That should have been the end....

[BayougirlMrsS 3,939]

@@theantichick @@rlinda72 -- I will be calling the facility after the weekend to speak with an official. If the response assures me, in words and attitude, that steps will be taken, I'll drop it. If it seems indifferent (which I'm not expecting), then I'll contact HIPAA. What I'd like to hear goes beyond "We'll certainly tell staff to be more careful." "We'll have the hands-on staff double-check of each other before packages are sealed for mailing." I'll make the suggestion if necessary.

@@bayougirlmrsc -- This isn't a matter of vengeance and retribution. It began with human error, not acceptable, but certainly not malicious. There 's no call for threats or blackmail. It's about my wish to see that the privacy of all is protected as is proper and provided by law. It's about a cooperative effort. Never for a moment have I doubted that I will receive my records in the time I was told at first.

in your reply to "theantichick".... you said you were going to wait to see what the response was and attitude... how is that diff from holding on to info till you get yours..... basically you said ... if you don't like there attitude you were going to contact HIPPA... I see it as the same...

[ShelterDog64 2,364]

@@WLSResources/ClothingExch Sorry, I didn't see this earlier and I know it's probably all resolved, but you should definitely take the report back to the office/facility that sent it to you, and they have an obligation to contact the patient whose information was improperly sent to you in order for them to know their confidential information was shared with another patient. If you feel the HIPAA breach is not being handled with sufficient gravity, you can/should report it to Health and Human Services. HIPAA violations are fineable and also are viewed when a facility has a Joint Commission certification visit. Patient confidentiality is so very, very important...there's no way I'd let this go if I were in your shoes.

I'm guessing you've already resolved it to your satisfaction, but I just wanted to reinforce the seriousness of a HIPAA violation like the one you've experienced. There's a chance your info is currently with another patient.

[ShelterDog64 2,364]

@@theantichick @@rlinda72 -- I will be calling the facility after the weekend to speak with an official. If the response assures me, in words and attitude, that steps will be taken, I'll drop it. If it seems indifferent (which I'm not expecting), then I'll contact HIPAA. What I'd like to hear goes beyond "We'll certainly tell staff to be more careful." "We'll have the hands-on staff double-check of each other before packages are sealed for mailing." I'll make the suggestion if necessary.

@@bayougirlmrsc -- This isn't a matter of vengeance and retribution. It began with human error, not acceptable, but certainly not malicious. There 's no call for threats or blackmail. It's about my wish to see that the privacy of all is protected as is proper and provided by law. It's about a cooperative effort. Never for a moment have I doubted that I will receive my records in the time I was told at first.

in your reply to "theantichick".... you said you were going to wait to see what the response was and attitude... how is that diff from holding on to info till you get yours..... basically you said ... if you don't like there attitude you were going to contact HIPPA... I see it as the same...

The office or facility will of course send her the info she requested for herself. WLS is talking about ensuring that they take the HIPAA violation seriously and seem as though they're going to self-report, not about holding on to the other patient's info in case hers doesn't come in the mail. Big difference.

[WLSResources/ClothingExch 3,444]

it's probably all resolved, but you should definitely take the report back to the office/facility that sent it to you, and they have an obligation to contact the patient whose information was improperly sent to you in order for them to know their confidential information was shared with another patient. If you feel the HIPAA breach is not being handled with sufficient gravity, you can/should report it to Health and Human Services. HIPAA violations are fineable and also are viewed when a facility has a Joint Commission certification visit. Patient confidentiality is so very, very important...there's no way I'd let this go if I were in your shoes.

I'm guessing you've already resolved it to your satisfaction, but I just wanted to reinforce the seriousness of a HIPAA violation like the one you've experienced. There's a chance your info is currently with another patient.

Yes, I spoke with an admin exec of the facility. She was sincerely concerned and apologetic, the latter of which is less important. One of the people who burns CDs to fulfill requests was working on a few at once, hence, the mix-up in mailing. Upon being notified of the error, they immediately began limiting the task to one request at a time, with each being filled and sealed before going on to the next. I suppose I'm not the only person who called, but it's not unlikely that my records weren't involved. Nevertheless I do believe they'll take extra precautions hereon. I received my own things yesterday of FexEx overnight and another set today by regular mail.

[BayougirlMrsS 3,939]

@@theantichick @@rlinda72 -- I will be calling the facility after the weekend to speak with an official. If the response assures me, in words and attitude, that steps will be taken, I'll drop it. If it seems indifferent (which I'm not expecting), then I'll contact HIPAA. What I'd like to hear goes beyond "We'll certainly tell staff to be more careful." "We'll have the hands-on staff double-check of each other before packages are sealed for mailing." I'll make the suggestion if necessary.

@@bayougirlmrsc -- This isn't a matter of vengeance and retribution. It began with human error, not acceptable, but certainly not malicious. There 's no call for threats or blackmail. It's about my wish to see that the privacy of all is protected as is proper and provided by law. It's about a cooperative effort. Never for a moment have I doubted that I will receive my records in the time I was told at first.

in your reply to "theantichick".... you said you were going to wait to see what the response was and attitude... how is that diff from holding on to info till you get yours..... basically you said ... if you don't like there attitude you were going to contact HIPPA... I see it as the same...

The office or facility will of course send her the info she requested for herself. WLS is talking about ensuring that they take the HIPAA violation seriously and seem as though they're going to self-report, not about holding on to the other patient's info in case hers doesn't come in the mail. Big difference.

i reserve the right to disagree...

[swimbikerun 1,048]

Did you get it all straightened out?

The problem is that the HIPAA people don't always do a 'by the law' job.

[WLSResources/ClothingExch 3,444]

@@swimbikerun, I am pleased with the outcome. I believe that the facility has tidied its act. That's what was needed. Filing a complaint with HIPAA can accomplish nothing more. When I spoke with the exec I questioned her minutely. My intention was two-fold: To hear how they were tightening up their act and to imply that I wouldn't hesitate to go to HIPAA if she weren't convincing. Now I'm moving on.

[swimbikerun 1,048]

I am so very happy for you!

Vic