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    Melsarabo's Avatar
    Melsarabo Posts: 1, Reputation: 1
    New Member
     
    #1

    May 5, 2010, 08:13 AM
    Is it a hipaa violation if I, the employee, called a patient for personal reasons?
    I am a front desk receptionist for a dental office. A patient came in, was very friendly, flirty, etc. The next day I got his phone number and sent him a tex message. In the tex, I told him who I was, and that if he was SINGLE and interested then he could call me. We don't have an office policy that states we can not have social meeting with patients outside of the office and my bosses have tried to set me up with patients and I have communicated with a patient before outside of working hours.
    Later that day his fiancé called and bullied me on the phone. Called me horrific names, and said she was going to make sure I was fired. I told her I was sorry, that if I would've known he was involved, I would've not contacted him.
    Our office then got a call from the patients referring dental office that the patients fiancé was going to sue. The office manager said that I violated hipaa and they were going to make sure I was fired as well and they would never refer another patient to our office unless I was.
    When I came to work on Monday, I was told that I was being put on a 2 week leave, without pay until it could get figured out because my bosses don't want a lawsuit or a complaint with the board and that they don't fully understand if there is a case or not. The patient himself has never contacted me or the office. All communication has been with his "fiance" who also claims I caused their break-up.
    Keep in mind that I have been told I am a "stellar employee". I help the patients feel welcome and relaxed, I'm always friendly, dependable, etc.
    Is this in fact a hipaa violation? Do I have any rights at all? I live in Arizona, which is a "right to work" state I understand, but just not sure if this is right or not.
    Help!!
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #2

    May 5, 2010, 09:51 AM

    I don't know about a HIPAA violation, but it's clearly an ethical violation. You have gathered patient information for personal reasons. ***ADDED*** HIPAA: "Healthcare workers should access information only as it is necessary for providing the best patient care."

    At a public library where I worked, an unmarried female front desk employee who liked the looks of male patrons searched the library database for their home numbers and called them to chat and to suggest meetings. She was fired as soon as management got wind of her activities.

    The information in the customer/patient/patron database is confidential. Had the patient told you to call him and had given you his number, that would be totally different. You searched for his number and texted him without his permission.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #3

    May 6, 2010, 07:40 AM
    Quote Originally Posted by Melsarabo View Post
    I am a front desk receptionist for a dental office. A patient came in, was very friendly, flirty, etc. The next day I got his phone number and sent him a tex message. In the tex, I told him who I was, and that if he was SINGLE and interested then he could call me. We don't have an office policy that states we can not have social meeting with patients outside of the office and my bosses have tried to set me up with patients and I have communicated with a patient befor outside of working hours.
    Later that day his fiance called and bullied me on the phone. Called me horrific names, and said she was going to make sure I was fired. I told her I was sorry, that if I would've known he was involved, I would've not contacted him.
    Our office then got a call from the patients referring dental office that the patients fiance was going to sue. The office manager said that I violated hipaa and they were going to make sure I was fired as well and they would never refer another patient to our office unless I was.
    When I came to work on Monday, I was told that I was being put on a 2 week leave, without pay until it could get figured out because my bosses don't want a lawsuit or a complaint with the board and that they don't fully understand if there is a case or not. The patient himself has never contacted me or the office. All communication has been with his "fiance" who also claims I caused their break-up.
    Keep in mind that I have been told I am a "stellar employee". I help the patients feel welcome and relaxed, I'm always friendly, dependable, etc.
    Is this in fact a hipaa violation? Do I have any rights at all? I live in Arizona, which is a "right to work" state I understand, but just not sure if this is right or not.
    Help!!!!!

    Just because your bosses have tried setting up dates for you does not mean that you can just either call or text a patient on your own. This is definitely a no, no in any office situation - let alone a medical office. Just because a patient comes in and is friendly and flirty does not give you the license to contact him yourself. If he had wanted your number he would have asked for it. His fiancé may have been told about your text message or she may have been snooping and found it on her own. Either way just because he did not call or text you is irrelevant.

    And as far as you being a "stellar" employee I'm not so sure about your claim to that title. If anything you should have known better. And as for the right to work state - that just means that you can be fired for any or no reason.

    This is not a hipaa violation it is an ethical violation. How would you like it if some male (or female) called you or texted you unsolicited and was "fishing" for a date or a "social meeting" and you did not want this kind of attention from them? Most people and especially men in general like to flirt with the receptionist when they come into an office as that puts them at ease. Most men are flirts anyway if you haven't figured this out yet. You need to remember you are an employee - not a potential "date" for everyone who walks into your office. Your bosses also need to stop trying to fix you up with dates with their patients as well. That is unethical period. Try shopping for your own dates elsewhere.
    SandyRDH's Avatar
    SandyRDH Posts: 7, Reputation: 1
    New Member
     
    #4

    Mar 22, 2011, 06:45 PM
    Comment on twinkiedooter's post
    I agree with most of this comment except for the statement that "most men are flirts anyway". I work in a dental office and I see plenty of the male population... I have yet to have a majority of my male patients flirt with me in any way. I'm a young, attractive, bubbly person... most of my patients have enough common sense to be respectful. I'm not sure what type of people you find yourself among but "most" is an incorrect statement. Yes, some men are flirts... but so are some women... and I'm married to a nice, young man who couldn't flirt himself out of a paper bag, haha.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Mar 22, 2011, 08:08 PM

    No, it is not a violation of HPAA. Phone numbers are not protected information.

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