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No, an HMO is a service provider, and was the only entity with access to my records. HIPAA requires them to forward records within 30 days, and they ignored all my formal requests and informal proddings. I almost had to have another CT scan because my new doctor didn't have access to the old ones.
CTs are expensive and include exposure to radiation; I've already had too many.
The HMO directly employs its own physicians? That is pretty uncommon, except for Kaiser.
The Surgery Center would not "Give Out" information over the phone and replied the the person on in the medical record would be called approximately 30 minutes prior to discharge... this did not set well with Jim who has medical issues of his own and does not have a Cell Phone... so for him to "Get" the call meant sitting by the phone.
There is no HIPAA provision that would prevent the Surgery Center from giving the information to Jim when he called, as long as the patient authorized it.
Kaiser is a dominant market force here in the SF Bay Area... it is often synonymous with HMO
That's why I mentioned Kaiser.
HMO is also an insurance product, one that requires that certain in network physicians be used or reimbursement is cut. The physicians are not directly employed by the insurance company and the insurance company does not have the patient's chart.
There is no HIPAA provision that would prevent the Surgery Center from giving the information to Jim when he called, as long as the patient authorized it.
So are you saying all I have to do is call in and say I am Jim?
The chart follows the patient... the recovery team will not have the chart until surgery is complete and the patient is handed off...
Yes... there are still facilities that use charts in 2018...
What I have seen is no information given to the caller but the promise of a call back using the information provided to establish identity... it is all about limiting liability exposure...
Reporters have been caught lying using public information to trick medical staff into releasing information on celebrities...
Not HIPAA but in training there is the famous case in England where a nurse committed suicide after being duped into releasing private information and the famous Octomom California case that came with fines and dismissals...
So are you saying all I have to do is call in and say I am Jim?
The chart follows the patient... the recovery team will not have the chart until surgery is complete and the patient is handed off...
Yes... there are still facilities that use charts in 2018...
What I have seen is no information given to the caller but the promise of a call back using the information provided to establish identity... it is all about limiting liability exposure...
Reporters have been caught lying using public information to trick medical staff into releasing information on celebrities...
Not HIPAA but in training there is the famous case in England where a nurse committed suicide after being duped into releasing private information and the famous Octomom California case that came with fines and dismissals...
What is the probability that anyone else who was not privy to the patient's surgery would call and claim to be Jim, presuming the patient is not a celebrity?
If there is a concern, just have the patient and Jim agree on a password to identify Jim.
The fact remains that the patient has the right to allow Jim to call and check on his progress. HIPAA does not prevent that.
We have had instances where current and former spouses make scenes in the waiting room... plus extended family members show up plus our share of celebrities... one did advertising on his drive time radio program chronicling his experience from start to finish... still remember getting called in asking what I was doing saying this person was our patient... then I showed the CEO the newspaper story and said this is all in the public domain... she had not realized he had gone public... besides I don't have regular access to patient information anyway... but when a patient arrives with an entrage it does turn heads.
There was one simple procedure where over 20 family members showed up... 7 were young children from newborn to toddlers... few spoke English and literally set up camp for 5 hours constantly asking for updates.
I get it.. surgery can be anything from routine, nothing to it... to make sure my will is up to date and saying goodbye to everyone.
It is our duty to comply with the law... that said... there sure were a lot less back when I started in 1991... and people wonder why medicine is more costly and at times seems very impersonal... not at all like the days with a family doctor with a nurse... who may or may not have been a RN...
When my Grandfather was dying... the family Doctor would stop by on his way home to check in... I thought this is just what Doctors do... Mom, a RN was in charge of pain meds so my Grandfather could live out his days at home...
The days of the sole practitioner with the little office and hospital privileges is fast fading as medicine continues to be big business on steroids leaving only the largest players standing.
Since we have a panel of experts...
Here is another recent situation... patients are starting to ask for clergy prior to surgery... had gone years without such a request and now about once a month.
Anyway... one patient said Pastor Wilson is going to pray with me before I go in... well... Pastor Wilson was not able to make it but sent Deacon Jeff... since Deacon Jeff was not on the list... we had to get permission from the patient who seemed a little miffed we were even asking... as was the surgeon because the patient refused to proceed without Pastor Wilson... turns out Deacon Jeff was acceptable so only delayed about 45 minutes...
I guess this is why HIPAA requires a Compliance Officer?
Hopefully the "Nurse" will learn and become more cognizant.
Often it is not what is said but how it is said when making a complaint.
Each Admission should come with a statement of Privacy Practices detailing how or when patient information is released.
Compliance can require retraining and being Less Helpful.
One of my neighbors was having another neighbor pick him up after arthroscopic knee procedure...
The one picking up called to check on status and discharged time and was told that information cannot be disclosed over the phone... the neighbor said what kind of operation are you running anyway... not being able to let me know when to pick up my friend.
The person simply said you will be called if your contact information was provided by the patient...
Well... old Jim was kind of miffed... so he went about his day and showed up a couple of hours "Late"
The nursing staff said we have been calling and calling... Jim said he didn't have a cell phone and was not going sit by the phone all day waiting for a call and that is why he called and got nowhere with "You" people.
Welcome to modern medicine and it can be a struggle for older people not versed with tech... the option to use a cell phone or computer is great.. for those that have them... many I know that are retired have neither and have no desire either.
Here is a link to a well loved Doctor losing her license because she didn't submit to electronic reporting having never owned a computer... the only Doc serving the rural population is gone.
If you work in a bank as a teller and I as a customer see you skimming money from other customers should I worry about "endangering your job" if I tell the bank manager???
Good analogy.
What if a teller pointed to a guy in the lobby and told me how much his bank balance was or what he just did at the bank? Or how much his Social Security check was, or what his credit score was ...etc etc.
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