This isn't really a rant, but none of the other forum options are better suited. Ordinarily I'd make my own decision without discussion, but circumstances are clouding my thinking in general.

Punchline: I requested a 2014 CD of radiology images with the written report from the radiology facility. I received a written report about another person and was unable to open the CD (it needs some sort of special program) that came with it to find out whose name is on the images.

Details:
- I made the request by phone two days ago for the materials. I was told it would take three days to process the request [and then however long once in the Post Office's hands].
- The materials arrived today; postmark is two days ago. I saw another name/dob/date of service on the written report. My laptop doesn't have the special program needed to open the CD. Someone had written my name/dob/date of radiology on the CD itself; this has no bearing on the actual content.
- Phoned the radiology facility and discussed their error. The woman who got my call (same one I made the request to) sounded upset. She asked me to shred and seemed about to sign off. I reiterated that I need my things and that I want to be sure no one thinks my request has been fulfilled. She said they'd be sent.

Question: Would you report this to HIPAA or let it go? I a couple of hours have passed since I opened the package and my concern, irritation and anger have increased. I keep leaning more toward filing a report.

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

@@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.

@@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, 20169 yr by WLSResources/ClothingExch

@@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.

@@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.

@@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....

@@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...

@@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.

@@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.

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.

@@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...

Did you get it all straightened out?

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

@@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.

I am so very happy for you!

Vic

Working in the medical field , most of us take this very seriously and it isn't taken lightly, she probably sounded frustrated because she was upset with herself for making the mistake. Healthcare workers work long hours and are doing way too much multitasking! You can destroy it and report it to her superior to get her in trouble but it isn't usually something you are supposed to open, they are supposed to go to the next provider. So usually no harm done. .. but we get the frustration. totally