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I revoked my consent for my medical records and my son's medical records to be released to anyone other than myself. The provider released them to a third party who in turn released them in error to someone else. They cannot fix the mistake now, they will not apologize in writing... what if any recourse do I have on this medical facility?
Revoking your consent basically means that you let the medical records be released to a third party. Now, if that third party released them to another party in error, that is where it gets tricky. IF that fourth party did nothing with the records and the records were shredded, then there is nothing wrong. However, if that fourth party has used the records in any way that is unacceptable, they may have violated HIPAA.Quote:
Originally Posted by disgruntled36
Accidents happen. Records get released to the wrong party sometimes. It is what is done with the records by the receiving party that is the determining factor.
As far as HIPAA, you do realize that you don't get any monetary compensation correct? When HIPAA is violated, the violating party either gets warned or fined.
You could sue them, but what is the point? They would get a minor fine - if at all. It doesn't seem as though anyone was doing anything wrong... it was just a mistake.
You won't get anything out of it except an apology unless you can prove damages. And it will likely be an expensive apology.
This is not about money, my privacy was violated. The party the records were released in error to then sent copies to my ex husband.
How is revoking my consent letting them be released? That does not make sense.
The definition of revoking is reversal of an act. If you had a consent in place, that prohibits the release of records. If you revoked this consent (depending on the actual wording of the consent), you reversed this action.Quote:
Originally Posted by disgruntled36
Now... on another side... if your consent was to release the records, and you revoked this consent, then that is an entirely different game here.
We need more info here obviously.
Did you originally have a consent that allowed release of the records, and then revoked it?
The other question is what do you hope to accomplish?
I had originally signed consent allowing release of records. I then in writing and verbally revoked that consent and specifically requested that these records not be released to anyone other than myself. About 3 weeks later that is exactly what did happen, and in turn the next party in error sent copies to my ex-husband. They cannot fix what has already occurred, this I understand. I would appreciate an apology and perhaps my records so that they cannot do this again. I would like to also ensure that they do not do this to anyone else. They should take a patient's privacy seriously and respect it. In addition, during this time I was unable to receive copies of the records for myself. They stated a few times they were not ready etc or complete... but they certainly had them together to forward to other parties.
This may seem petty, but I value my privacy and this could potentially be very damaging to me in a custody situation.
Thank you for clearing that up.
Now, is it possible that your records were subpoenaed?
No they were not subpoenaed.
Doesn't sound petty to me!Quote:
Originally Posted by disgruntled36
AHHH, here we get to the crux of the matter. By this third party releasing the record to your ex, it may affect the outcome of the custody battle. That's your REAL concern isn't it.Quote:
Originally Posted by disgruntled36
HIPAA prohibits giving any information about medical diagnoses and treatment to anyone except as necessary for treatment. You have not told us who your son's physician gave the records to or why, but its certainly possible there were valid reasons to do so. That third party was then under HIPAA constraints to protect that information.
Now here's were the second problem comes into play. The father may have had every right to request those records. If the current legal status is Joint Legal custody, then he had every right to those records.
Finally, HIPAA provides for sanctions against someone violating HIPAA rules. These sanctions can include anything from a warning to loss of license. But the victim of the violation may get nothing but an apology.
It is an issue that my sons records were released to another party. His records being released to his father are not at issue, he has every right as a father to see them. The issue is consent for both mine and my sons records was revoked and this was disregarded. They were released without my consent to a second party and then furthermore "my" medical records and personal information was released to my ex husband. The issue at hand is not the outcome of a custody case but the fact that my own personal records and private information were released to two separate parties, one being my ex husband.
I take offense to the fact that you believe that the results of any custody dispute is the REAL concern. My REAL concern is that privacy laws are in place for a reason or so I thought, and mine was violated. I would be very appreciated of this provider at the very least providing an apology along with an assurance that this will not happen to myself or anyone else in the future.
It might not be YOUR real concern but it is A real concern - real as in measurable.Quote:
Originally Posted by disgruntled36
You can go ahead an pay a lawyer to sue for HIPAA violations, and I'm sure they will issue you a heartfelt and utterly meaningless apology and they will pay a minor fine to the court and in the end, nothing will change except you spent money to get a few hollow words.
Nothing is going to change the past.
Do you have reason to believe that they intentionally violated your privacy? If it was an accident, it was an accident.
I have no idea why they did it. I have received nothing but resilliance from this office and no response to my request for my own records. It is wonderful though that they are so freely sharing them with so many other parties with no recourse. From the responses I have received this afternoon it would seem that there is little to no point to the HIPPA laws or any recourse of facilities that violate a persons private medical records.
There is recourse. Its just not payable or owed to you. Should you report the HIPAA violation? Absolutely. Will you ever hear anything about it again? You might get a letter someday from someone with a photo copier and a rubber stamp.Quote:
Originally Posted by disgruntled36
Even if they were to be found in violation, they still wouldn't owe YOU anything. HIPAA protects you, it does not empower you.
Sorry... but that's the harsh reality.
Think of HIPAA violation like a speeding ticket. They will get a fine and it might deter them from doing the same thing in the future. It might not.
So, as Steve said, you file a complaint with HIPAA. They do an investigation and anywhere from several months to a couple of years you get a notice of the resuts of the investigation.
Again, your medical provider has a right to pass records to a 3rd party if its involved in providing care. For example, I'm providing care and I need a radiologist to review x-rays. I can consult one without asking your consent. But that person would be bound by HIPAA to not discuss the case without anyone but me or the patient.
So without knowing who the third party was and why the records were given to them, its impossible for us to know whether HIPAA was violated or not.
For you to sue anyone here you would have to prove you were damaged in some way. And I don't see any evidence of that.
As for taking offense that's your right. But the anger that comes through from your posts seems to me a lot more than a possible violation of your privacy. I say possible because you haven't stated who these other parties are that got the records or why they got them or what they did with them (other than passing them to your ex). It does not sound like your information was posted publicly someplace.
So the bottom line is that you can file a HIPAA complaint. And you can consult an attorney who will, in all probability, tell you it would be a waste of money to pursue legal action.
Why is there always an assumption in this country that it is about money and sueing people. Is it so far fetched to think that someone would have an expectation of rules being followed and an apology being expected. As for you suggesting my posts are angry, I think that my feelings are being confused as I am simply frustrated with a system that apparently does not work. You put your trust in medicdal providers assumming some degree of privacy and it is not respected.
Our society is a litigious one. Most people are out to sue for money. You, apparently, are the minority. ;)Quote:
Originally Posted by disgruntled36
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