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lm_matty001
Aug 1, 2013, 04:55 PM
Hello,I have two questions. Last month at CVS Pharmacy I was at the drive through window picking up a prescription.The particular medication was a controlled substance ( Pain Medication ,for my Fibromyalgia , Chronic Myofascial Pain )in the past I also had along with the pain medication had a prescription for Vitamin D3 prescribed by my Doctor however my Dr. and I had discussed taking over the counter vitamin D3 because my mother had bought me two bottles so there for I only needed to pick up the first script while doing so I showed my ID the clerk stepped away while at the drive window I heard a conversation between the clerk and pharmacist she the pharmacist stated to the clerk watch I bet she only wants the pain medication as she stated the name of the medication , the clerk stated she meaning me had told him I had( A )prescription ,the pharmacist said watch I bet she only gets the one so the clerk came back to the window and said did you just have the one you are picking up today I said yes just one and he stepped away again and I heard her say see I told you and they both started laughing , mean time the inside counter had people waiting and while their discussion was taking place a Pharmacy Tech peaked around the corner at me. I know their conversation was heard at the counter how could it have not I heard it outside the window while sitting in my car and yes my name as well for I had to give my full name date of birth and so forth. Now why she had said such a statement I don't know I have never given any reason for such a comment.I have to ask does this issue violate the HIPAA LAW of my privacy or any law.The second question I have I will ask after sending this.Any information you can give me will be most helpful .
Thank You I look forward to hearing from you .

ScottGem
Aug 1, 2013, 05:00 PM
You can't prove that customers in the store heard or where aware of the conversation. So I doubt if it rises to the level of HIPAA.

What I would do is write a letter to the store manager, with a copy to corporate complaining about the unprofessional behavior.

J_9
Aug 1, 2013, 05:01 PM
While this was unprofessional and, possibly, unethical, it is not a HIPAA violation as the name of the medication and the condition for what it was prescribed for were not discussed, from what you wrote.

Pharmacies cannot provide as much privacy as, say, a doctor's office can. There will be things that are overheard.

You might want to try to contact CVS corporate headquarters and file a complaint against the offenders, but HIPAA was not violated in this case.

joypulv
Aug 1, 2013, 05:33 PM
Just a side note, I remember when HIPAA started, and I was getting a prescription at a CVS that had to be signed for. There were signs everywhere about HIPAA, yet CVS had a clipboard on the counter with 40 spaces on it for signatures next to a little label they pasted on, naming the drug. I actually saw names of people I knew, and realized that here was a huge violation. I don't remember if I complained or not - but I started scribbling an unrecognizable signature. They ended that practice at some time after that.

The point of this is that when new regulations are made, they often don't translate into reality. People don't think.

Fr_Chuck
Aug 1, 2013, 05:54 PM
Stop using the drive though, park car and come inside, you give away a lot of your privacy when you choose to use a drive though and be on speaker.