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Home > Health & Wellness > Health Care Administration   »   Is this a Violation of Hippa or my right to privacy

 
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Old Mar 21, 2008, 05:33 AM
frustrated-one
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Is this a Violation of Hippa or my right to privacy

I am a respected healthcare professional. I visit patients in their homes 40 hours per week and have been doing so for years. I am therefore aquainted with a very large number of people in the community. Recently I went to a clinic to be evaluated for Health Care. I was told that the Dr. (Surgeon) would not treat me unless I attended a Support group with approximately 200 other people with the same problem. I feel like attending would jeopardize my integrity in the community and is a violation of my right to privacy but if I dont attend I will be denied medical care. Any suggestions?

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Old Mar 21, 2008, 05:40 AM   #2  
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Well its not a HIPAA violation, that's for sure. No one providing you health care is discussing your diagnosis or treatement with someone else without your permission.

My feeling here is that the doctor feels participating in that group is a necessary part of your treatment for whatever the problem is. I think he's within his rights to require it. Just like he could refuse to treat you if you refuse to take some medication he thinks necessary for the treatment.

I think your best option is to get a second opinion. You may question the surgeon's requirements to your local medical board, but I suspect he's got that covered.

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frustrated-one agrees: The answer is probably accurate but not in the respect that if I go to the group they dont need to discuss my diagnosis and treatment with anyone else because everyone there has the same diagnosis and treatment --so in short its like requiring me 2
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Old Mar 22, 2008, 11:33 AM   #3  
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Did you check if participant's in the group sign a confidentiality agreement? Even though youj may think you are participating involuntarily, that's not the case. You have a choice to not participate, but that means not getting treatment. So your partiicpation would be deemed voluntary and therefore, any discussion of diagnosis and treatment would be voluntary.
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Old Mar 24, 2008, 10:11 AM   #4  
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I have not checked to see if any such confidentiality form has to be signed. I plan on going to the group and keeping my mouth shut. Once I have the treatment I am hiring an attorney. They shouldnt be allowed to force me to reveal to everyone my problem --what happened to patients rights?? The bottom line is I dont want people to know about it and they are making me tell people about it in order to get treatment . Thats really the bottom line. My rights are being violated and so is my integrity in the community. Hope my actions will prevent others in the future from having to go through it. Thanks for trying to help me. I do appreciate your time.
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Old Mar 24, 2008, 10:26 AM   #5  
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I grew up in a town of 500, so I understand where you are coming from. There are no secrets in a small town! Even if a confidentiality form is signed by each participant, I wouldn't trust that for secrecy. It would be just too juicy a gossip item for someone that the visiting nurse has X problem.

How far away would you have to go to find a different doctor to treat you, or isn't that an option? Is a support group that important for this diagnosis? Perhaps the doctor, if you ask him again, would consider an alternative for you because of your special circumstances? As a healthcare person, he should understand your predicament.

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frustrated-one agrees: All I get from the staff at the clinic is that it is a requirement. I probably would have to drive 2 to 3 hours to get the same treatment.
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Old Mar 24, 2008, 10:27 AM   #6  
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Have you tried to find out if there is the same group outside of your community that you can participate in?

All-in-all, this is apparently a requirement of your treatment, therefore not a HIPAA violation. Am I wrong in assuming that this is a mental health are addiction issue? Please forgive me if I am.

Again, I would try to seek out the group therapy required somewhere outside of your community.

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frustrated-one agrees: Yes your wrong its not a mental health or substance abuse issue. Its just that I am a nurse and I dont want my health issue spread around but I obviously dont have a choice. Will probably end up moving after all is said and done. Maybe not a bad idea
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Old Mar 24, 2008, 10:48 AM   #7  
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I perfectly understand your feelings here. But frankly I don't think you have any legal recourse, nor will you find an attorney to represent you in this matter.

Have you discussed this with your doctor? What has he said with respect to your concerns? Have you investigated alternative groups or treatments?
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Old Mar 24, 2008, 12:56 PM   #8  
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I just cant believe that in todays day and age you can still force someone to reveal medical problems to perfect strangers. What kind of society do we live in. What about patients rights. I hope I can change things and I am certainly going to try.
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Old Mar 24, 2008, 12:59 PM   #9  
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Quote:
Originally Posted by frustrated-one
I just cant believe that in todays day and age you can still force someone to reveal medical problems to perfect strangers. What kind of society do we live in. What about patients rights. I hope I can change things and I am certainly going to try.

I thought the whole point was that they AREN'T perfect strangers. And you aren't being forced to do anything. You still have options--a different doctor in a different location. And I don't understand why this doctor is so adamant about your joining the support group. Doesn't he understand the problems involved?
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Old Mar 24, 2008, 01:04 PM   #10  
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Quote:
All I get from the staff at the clinic is that it is a requirement. I probably would have to drive 2 to 3 hours to get the same treatment.

Sure, staff will stick to the policy so they don't get fired. Have you talked to the doctor himself though? He isn't totally bound by clinic policies, is he?

Would you still have to join a support group if you sought treatment 2-3 hours away? Maybe, in the long run and despite the traveling, that would be easier.
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