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HIPAA violation: What would you do?

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.

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  • highfunctioningfatman
    highfunctioningfatman

    Unfortunately hippa is huge. I would call the office and ask for the management. I would explain what happened and my concerns. I definitely wouldn't drop it because this could be happening to other p

  • LipstickLady
    LipstickLady

    I would let it go. You couldn't open it so safe guards are in place. I think this was a victimless error, but that's just me.

  • WLSResources/ClothingExch
    WLSResources/ClothingExch

    @@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

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I disagree. If you report it, they will retaliate. That is what happened to me. They don't care if the law says dont, I have proof that they will. Not just me but others. There was recently at least 1 multi million dollar whistleblower lawsuit because of admins doing this. It should be reported and documented up the hilt.

First of all you can't report to HIPAA because it's a law not an organization. You can complain to AMA. The fines are up to $250K dependent on negligence and they are given a timeline to correct the problem. You were asked to shred. This is common. Frequently the accompanying documents will state that if you are not the intended recipient that you should contact sender and destroy. If you are going to request in person then you can return the materials to the office manager. While mistakes like this are alarming it's best to give the organization an opportunity to learn from and correct the mistake.

Sent from my iPad using the BariatricPal App

I've found they don't get fined, and in addition, it is not the AMA you complain to. Its the HHS/OIG. I've done the complaints and that is who I complain to. Do not complain to the hospital itself. Let it be in writing to HHS/OIG first because you really don't get responses unless the govt. puts its nose in and you have a record of retaliation.

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