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Old 04-16-2018, 06:49 PM
 
Location: interior Alaska
3,879 posts, read 2,899,141 times
Reputation: 11402

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Quote:
Originally Posted by MaryleeII View Post
Yes, but she was putting me in a position to answer in a public setting, how did she expect me to respond? She was standing several feet away, essentially shouting into the waiting area, also, acting annoyed that I walked slowly. she then turned around and huffed off so fast I couldn't keep up and didn't see which way she turned, so she flounced back acting annoyed and repeated we need to know your weight! loud enough for the whole room to hear!


I should have said if I guess correctly, do I win a Caribbean cruise?
None of those things change the fact that she disclosed nothing. I'm not saying she wasn't rude, but it's not a HIPAA problem.
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Old 04-16-2018, 06:52 PM
 
9,414 posts, read 14,839,525 times
Reputation: 15307
Quote:
Originally Posted by WannaliveinGreenville View Post
I would have said to the annoying nurse: "Hey. When was YOUR last pap smear?" in front of the other patients.
I've been asked similar questions in the waiting room, including "are you having your period", and I don't mean discreetly, either. I swear, sometimes its a power kick
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Old 04-17-2018, 05:19 AM
 
2,379 posts, read 747,074 times
Reputation: 3034
Quote:
Originally Posted by MaryleeII View Post
I've been asked similar questions in the waiting room, including "are you having your period", and I don't mean discreetly, either. I swear, sometimes its a power kick
Most likely it is simply bad manners and general lack of tact which is another way of saying unprofessional. People like that don't understand boundaries and context. It does not rise to the level of a HIPAA violation though.

My guess is that a calmly presented complaint will quickly result in her being re-trained on proper protocols.
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Old 04-17-2018, 10:35 AM
 
253 posts, read 81,170 times
Reputation: 670
Quote:
Originally Posted by cebuan View Post
First of all, HIPPA laws are the silliest laws in the history of human jurisprudence.

A professional sports team that places a player on the disabled list due to an injury, is technically in violation of the HIPPA law if they publicly distribute their team active roster with the player asterisked as DL'ed.

I was watching a ballgame today, saw the runner coillide with the first baseman reaching for an off-target throw, and was painfully holding his wrist. Announcer said "looks like he jammed his wrist" HIPPA violation.

Now for the OP. Any Hippa violation there is trivial, in proportion to the bedside manner violation. But we see no need to legislate bedside manner. Having said that, it could be that the nurse was in a hurry to catch up with the waiting room schedule, so started the questioning prematurely. And the intent may not have been a request to reveal the patients weight at that time and place, but to ask if the patient had been, as the doctor had requested, to keep track of her weight gain or loss.

Often-times, when all the deatails are brought to light, people are not as evil and malevolent as they might have first appeared. And whether someone breaks the "law" is much, much less important than whether they violate common civil courtesy and decency..
You don't understand HIPPA. Your baseball player analogy is not a HIPPA violation.
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Old 04-17-2018, 11:30 AM
 
Location: Surfside Beach, SC
1,621 posts, read 2,352,330 times
Reputation: 2559
What she did and the way she acted was very rude, but not a HIPAA violation. Your answer was perfect and you could have also answered yes or no. If I was in your position, I would absolutely complain to the office about her rude behavior. There's no excuse for such rudeness and you have every right and good reason to be upset with the way she treated you.

As far as if the doctor will even see your complaint - that depends on the the size of the office and how it is run. In a small office, the doctor may very well be made aware of her inappropriate attitude.
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Old 04-17-2018, 12:40 PM
 
Location: colorado springs, CO
3,861 posts, read 1,688,451 times
Reputation: 13283
Quote:
Originally Posted by MaryleeII View Post
They are supposed to take your vitals including weight, at each visit. A change in weight could be of significance, and the patient might not even be aware of it, like when I lost 25 pounds in 6 weeks, due to undetected diabetes.
Not to mention that the dose of many pharmaceuticals are prescribed by weight. A nurse should not allow the weight to be written in error, as the doctor will write the prescription based on the last recorded weight.

Quote:
Originally Posted by joee5 View Post
If your not overweight then why would it bother you if she asked you your weight?
I get asked and put it out there with no issues. Maybe it'll give those that are overweight some incentive to change their eating habits.
I'm not overweight either but I can't stand being asked how much I weigh. Everybody would guess I weigh about 40lbs lighter than what I actually do because I am tall & I hate the reaction you can see on someone's face when I tell them ... "Really? No way! You weigh that much?" I was 5'10" by the 6th grade & everybody used to call me "Beanpole" because I was so skinny. Then, when I would say how much I weighed, those same people would go on & on about "how much" that was.

They are also supposed to ask you when your last bowel movement was. Would you be as willing to discuss that in the waiting room as well?

Quote:
Originally Posted by DubbleT View Post
OP the nurse didn't ask your weight in front of others, she asked if YOU knew your weight, a nice simple yes/no kind of question.
They don't ask you to find out if you know; they need to know. It's not a yes or no question. It put the OP in the position of either blurting her weight out in front of everybody, or seeming rude by ignoring the person speaking to her.

Quote:
Originally Posted by suzy_q2010 View Post
Every time I write HIPAA I have to think about it. It's easy to type HIPPA rather than HIPAA.
Me too. This has actually been bugging me lately because I could swear that it used to be Health Insurance Portability & Privacy Act. HIPPA.

I suppose my mind is playing tricks on me but it bothers me, nonetheless.

Quote:
Originally Posted by Flem125 View Post
Reaction from the office staff? Hahaha...that’s cute. The reaction will be simple. They’ll document your refusal to sign and go about their business.
No. They will refuse to see you. They wouldn't be in compliance if you don't sign it & they are not going to risk the fines for one random person who does not agree with HIPAA.

Quote:
Originally Posted by bluedevilz View Post
HIPAA is ABSOLUTELY about protecting patient privacy in regards to medical information.

It also does not allow sharing of medical information with "whatever government agency asks"
Would you happen to know which government agency would not be allowed access under HIPAA?

HIPAA allows access for any entities that provide: Treatment. Payment. Health Care Operations.

This includes but is not limited to: "The provision, coordination, and/or management of a patient's condition through diagnostic testing, referral for services in another specialty, and consultations between providers. The activities of reimbursement for services, communication with insurers or others involved in the reimbursement process. This area also includes eligibility verification and billing and collection ...All other areas including quality assurance activities, competency activities, residency and medical school programs, conducting audit programs for compliance, training programs for allied health, business planning and development". (link below)

Also, access is given to others without the patient's authorization:

"Workers Compensation, Law Enforcement Purposes, Victims of Abuse, Health Oversight Activities & Public Health Activities"

And those that require patient authorization would be: "Psychotherapy notes, Marketing (some exceptions) Fund Raising & Research."
HIPAA - Background

Unless, of course, the Psychotherapy notes were requested by Law Enforcement or "referral for services". And Marketing was in regards to " business planning and development". And Fund Raising was being done for Victims of Abuse or Public Health Activities". And Research under just about everything.

My understanding was that HIPAA was considered necessary in 1996 for transitioning to Electronic Health Records as the availability of the WWW. became commercially (& personally) available.

The aspect of "privacy" was sort of a moot point because nobody was trying to gain online access prior to their being a "line", in the first place. Additionally, as the use of EDI (Electronic Data Interchange) was adopted, it led to 400 different formats being used due to the lack of standardization.

I'm not thinking that HIPAA would have been viable if introduced to the public as:

"We are going to be compiling a database of everybody's health information in one spot that will allow us to monitor your compliance & decisions & will grant access to every company & agency that are interested parties ... except for your loved ones & family members who actually have an interest in you (& also might be paying for you), as well as those that have never had an interest in you & never will. "

Would you see a patient who refused to sign their HIPAA authorization?
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Old 04-17-2018, 01:19 PM
Status: "Semi-Retired" (set 9 days ago)
 
Location: Greenville, SC (as of 9.27.18)
3,992 posts, read 3,201,795 times
Reputation: 7281
Quote:
Originally Posted by cebuan View Post
First of all, HIPPA laws are the silliest laws in the history of human jurisprudence.

A professional sports team that places a player on the disabled list due to an injury, is technically in violation of the HIPPA law if they publicly distribute their team active roster with the player asterisked as DL'ed.
You're totally wrong. HIPAA applies to health services providers and their employees, period, and those who provide support services to them.

Quote:
Section 160.102 Applicability

(a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to the following entities:

(1) A health plan.

(2) A health care clearinghouse.

(3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.

(b) Where provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to a business associate. [i.e., this would be a third party like an IT services provider who must sign a business associate agreement]
Also see coschristi's post above.
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Old 04-17-2018, 01:44 PM
 
4,577 posts, read 10,389,634 times
Reputation: 10083
Quote:
Originally Posted by coschristi View Post
Not to mention that the dose of many pharmaceuticals are prescribed by weight. A nurse should not allow the weight to be written in error, as the doctor will write the prescription based on the last recorded weight.



I'm not overweight either but I can't stand being asked how much I weigh. Everybody would guess I weigh about 40lbs lighter than what I actually do because I am tall & I hate the reaction you can see on someone's face when I tell them ... "Really? No way! You weigh that much?" I was 5'10" by the 6th grade & everybody used to call me "Beanpole" because I was so skinny. Then, when I would say how much I weighed, those same people would go on & on about "how much" that was.

They are also supposed to ask you when your last bowel movement was. Would you be as willing to discuss that in the waiting room as well?



They don't ask you to find out if you know; they need to know. It's not a yes or no question. It put the OP in the position of either blurting her weight out in front of everybody, or seeming rude by ignoring the person speaking to her.



Me too. This has actually been bugging me lately because I could swear that it used to be Health Insurance Portability & Privacy Act. HIPPA.

I suppose my mind is playing tricks on me but it bothers me, nonetheless.



No. They will refuse to see you. They wouldn't be in compliance if you don't sign it & they are not going to risk the fines for one random person who does not agree with HIPAA.



Would you happen to know which government agency would not be allowed access under HIPAA?

HIPAA allows access for any entities that provide: Treatment. Payment. Health Care Operations.

This includes but is not limited to: "The provision, coordination, and/or management of a patient's condition through diagnostic testing, referral for services in another specialty, and consultations between providers. The activities of reimbursement for services, communication with insurers or others involved in the reimbursement process. This area also includes eligibility verification and billing and collection ...All other areas including quality assurance activities, competency activities, residency and medical school programs, conducting audit programs for compliance, training programs for allied health, business planning and development". (link below)

Also, access is given to others without the patient's authorization:

"Workers Compensation, Law Enforcement Purposes, Victims of Abuse, Health Oversight Activities & Public Health Activities"

And those that require patient authorization would be: "Psychotherapy notes, Marketing (some exceptions) Fund Raising & Research."
HIPAA - Background

Unless, of course, the Psychotherapy notes were requested by Law Enforcement or "referral for services". And Marketing was in regards to " business planning and development". And Fund Raising was being done for Victims of Abuse or Public Health Activities". And Research under just about everything.

My understanding was that HIPAA was considered necessary in 1996 for transitioning to Electronic Health Records as the availability of the WWW. became commercially (& personally) available.

The aspect of "privacy" was sort of a moot point because nobody was trying to gain online access prior to their being a "line", in the first place. Additionally, as the use of EDI (Electronic Data Interchange) was adopted, it led to 400 different formats being used due to the lack of standardization.

I'm not thinking that HIPAA would have been viable if introduced to the public as:

"We are going to be compiling a database of everybody's health information in one spot that will allow us to monitor your compliance & decisions & will grant access to every company & agency that are interested parties ... except for your loved ones & family members who actually have an interest in you (& also might be paying for you), as well as those that have never had an interest in you & never will. "

Would you see a patient who refused to sign their HIPAA authorization?
You don't understand how HIPAA works...

Patient's don't sign an "authorization" for HIPAA...they are required to be provided a "notice regarding HIPAA" by any healthcare entity where they are seen.

It is required that such a form be presented to each new patient to be signed by said patient to acknowledge receiving the form....that's it...it is simply an "acknowledgement" of receipt of information.

Patients aren't required to sign the form and Healthcare Providers can't refuse to see patients that don't sign the form...it is simply documented in the patient record that "from provided, patient refused to sign"

Patient's can't "opt out" of HIPAA, it is the Law of the Land and applies to every medical encounter whether the patient signs the "notice" or not.

What "fines" are you talking about being "risked" for the "one random person who doesn't agree with HIPAA?" It doesn't matter whether a "random" person agrees with HIPAA any more than whether that same person "agrees with the Speed Limit". My practice isn't subject to "fines" if a patient doesn't like the HIPAA mandate and if they choose not to sign the notice ( its not a release) so be it...doesn't change a thing.

You are subject to HIPAA whether you "agree or not"

As for allowing "any government agency that wants access to your records to have it" which I disputed

Did I miss somewhere in your post where you listed EVERY government agency having free access to your medical records??

Didn't think so....
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Old 04-17-2018, 02:17 PM
 
Location: Houston, TX
12,721 posts, read 7,179,117 times
Reputation: 26687
Quote:
Originally Posted by mike1003 View Post
BINGO!! Not a HIPPA Violation, just a lazy and dumb employee
Exactly. What I find much more annoying is standing in line at XYZ store and the cashier wants me to give my phone number to her and the five people standing in line behind me because they insist every customer be a part of their creepy loyalty program. I don't need to prove I'm loyal; I'm standing in line buying something right now.
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Old 04-17-2018, 04:46 PM
Status: "Semi-Retired" (set 9 days ago)
 
Location: Greenville, SC (as of 9.27.18)
3,992 posts, read 3,201,795 times
Reputation: 7281
Quote:
Originally Posted by bluedevilz View Post
Patients aren't required to sign the form and Healthcare Providers can't refuse to see patients that don't sign the form...it is simply documented in the patient record that "from provided, patient refused to sign".
We very rarely had someone who didn't want to sign the form - we documented their refusal on the form as you say, and it had zero impact on their receiving services - or the quality of the services they received. The form explained what their rights were under HIPAA, and the limitations imposed on the organization providing services.
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