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View Full Version : What are the consequences of a HIPPA violation in South Carolina?


DarkIrishM
Mar 24, 2009, 08:11 AM
[F]
If a non medical person working in a doctors office becomes privy to personal medical information and then gossips about it, to other non medical people, what can happen? For example, a person who has had a history of psychological problems, or a person who has or ever had an STD, or a person who has, or ever had a substance abuse problem.

If the office worker comes in contact with information that could stigmatize a person, and if the office worker spreads the information, not for purposes of self protection.

If the office worker shares that information with others who could then ostracize that person, does the patient have any recourse? Can the gossiper be penalized? What are the consequences and can the victim/patient whose privacy has been compromised, take action to punish the office workers for this, either in civil or criminal court?

The reason for my question:
An HIV positive man in South Carolina overhears two clerks working at the dentist office talking about another patient, saying, "well, he has HIV." The man fears being ostracized in his community, and then avoids treatment for a cavity, and endures years of physical pain, rather than openly admitting his medical condition and receiving medical/dental treatment. The clerks are clearly not at risk for HIV infection, because of their dealings with this HIV positive person. They don't come in contact with blood or bodily fluids, so their gossip is not for self protection from the possibility of transmission.

Even if non medical workers sign a confidentiality agreement, and break the confidence, what, if anything happens?
If the non medical worker breaks the confidence in a non office environment (eg. Two people having drinks at a bar, and the information is overheard by others?)

Do Pharmacists,Pharmacy clerks/technicians sign confidentiality agreements? Does the cashier who rings up a prescription for medication known to treat a specific condition for which a person could be ostracized, or stigmatized, shamed judged or embarrassed, does that pharmacy tech or cashier, have an obligation to keep the confidence? If they betray the confidence, what could happen to the clerk or pharmacy tech, or pharmacists? Can the victim (the patient seeking treatment) seek damages?

JudyKayTee
Mar 24, 2009, 08:18 AM
I can only address Pharmacists/Pharmacy employees. They are bound by HIPAA. What is said, what they learn, is confidential and only available to the party directly involved. Many Pharmacies now will not allow a third party to pick up a prescription.

Yes, it's a HIPAA violation and they can be censured, the owner of the Pharmacy fined.

No one signs a confidentialty agreement because that's the Law. That's also why Pharmacists - among other reasons - carry high liability insurance.

HIPAA - not HIPPA - is also Federal law so the State does not matter.

this8384
Mar 24, 2009, 09:04 AM
You story is somewhat confusing; what we need is a cut and dried version of "This is who I am, this is what happened, what can I do?"

Are you the man with HIV? Or is it your friend or relative? Did this actually happen or are you asking theoretically? What damages is the HIV-positive person seeking? He made the choice not to have his teeth worked on; he could very well have gone to another dentist so I don't see that having any merit whatsoever.

Some people are bound by HIPAA, others are not. From the scenario you gave, it doesn't sound as if the workers violated HIPAA law; it sounds as if the HIV-positive man was eavesdropping on someone's conversation.

Fr_Chuck
Mar 24, 2009, 09:18 AM
First of course HIPPA was not in effect years and years ago, so back then it would not have been a violation, and years and years ago the fear and misconception of AIDS was a lot different than today.

The issue today is that the two employees should not have been talking for a patient to overhear.

But those people that do come into contact are entitled to know of the health of safety risk. I delivered medical equipment for years, and we were notified of serious health issues, because we were in contact, this would include many issues. We could discuss the issues with others within the office if there was a reason for them to know.

I know in my dentist office the girl who is in the front,also cleans and steriles the instruments,
The girl who puts away the medical charts would see what is in the charts.

To be honest it would appear that the man suffered for unfounded fears and is responsible for his own suffering.

Perhaps if reported right away, the employees would have either been warned and properly trained, or fired.