View Full Version : Hippa violation? Names in plain view
wheelerlake
Sep 4, 2008, 07:53 PM
Our pharmacy has a desk in the back of the store where you pick up your scripts, then you have to go to the checkout counter by the front door. On the counter is a clipboard where they put the tag from the label with your name and the amount you paid for your script and you have to sign this tag. The clipboard has the name of everyone before you on that day in plain view. There is no attempt to cover the names or afford any type of privacy. You can look and see how many scripts so-and-so got filled that day and how much they paid for them. No medication names, just your name and how much you paid for that individual script. I feel it is no one's business if I was even in that pharmacy, much less how much I paid for a script. Someone can look at that tag and say, man, he/she must have good insurance, he/she only has to pay $$$ for each script. I've brought it to the checkout girl's attention but her comment was, "the name of the script isn't on the tag so it's not in violation of HIPPA". I'm a nurse in a hospital and we do everything we can to protect the names and any kind of identifiers of our patients. This just grates me. Is this a violation of HIPPA? Where do I report it?
CESElizabeth
Sep 4, 2008, 08:55 PM
Filing a complaint depends on the state, if you go to the website for hhs.gov and select:
HOW TO FILE A HEALTH INFORMATION PRIVACY COMPLAINT
WITH THE OFFICE FOR CIVIL RIGHTS it will give you full instructions and locations to do it by email if you wish.
If you believe that a person, agency or organization covered under the HIPAA Privacy Rule ("a covered entity") violated your (or someone else's ) health information privacy rights or committed another violation of the Privacy Rule, you may file a complaint with the Office for Civil Rights (OCR). OCR has authority to receive and investigate complaints against covered entities related to the Privacy Rule. A covered entity is a health plan, health care clearinghouse, and any health care provider who conducts certain health care transactions electronically. For more information about the Privacy Rule, please look at our responses to Frequently Asked Questions (FAQs) and our Privacy Guidance.
There is a PDF file for you to down load to check for the violation. There is a phone number there also. I would type in the website but have found it changes when I post. Just add the www.
It is my opinion that it would violate Hippa because payment information is private and the list has a name located next to that information.
Frankie
froggy7
Sep 4, 2008, 09:41 PM
Along as there is no prescription information, they aren't giving out any protected health information, so I don't see any HIPPA violation. The fact that Joe Smith picked up and paid for 3 prescriptions doesn't mean that they were all for him, and not say for his kid. It may not be the best system, and you are free to take your business elsewhere and tell them why.