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-   -   HIPAA Violation at Pharmacy? (https://www.askmehelpdesk.com/showthread.php?t=662589)

  • May 22, 2012, 04:58 PM
    Kelsendar
    HIPAA Violation at Pharmacy?
    I've gone to the same pharmacy for a few years, now. It's a chain of grocery stores local to my area. I have had numerous occasions when they have given me medicine names before verifying my identity. Example: Hi, I'm Mike Smith and I have some prescriptions ready. Response: Yes, sir. I see we have 7 available. The <medication name> is on special order and will be in tomorrow afternoon. I was never asked for my birth date or anything and there were several people in line. This has happened 5 times now. I have called the pharmacy manager as well as corporate relations. And it happened again tonight. Is this a violation of some sort?
  • May 22, 2012, 05:08 PM
    tickle
    No, not a violation. I walk into my pharmacy and say, hi,, name... I have two refills, they say, hi... say my first name... people in line... that is okay. No one knows my personal information and none has been revealed. Stop bothering these people because they are not committing any infringement on your personal information unless they say, hi, oh okay mr. albert smith, your social insurance number is... and your doctor's name is... and your address is...

    Sorry, no you don't have any recourse unless private information is being divulged at the onset.
  • May 22, 2012, 05:24 PM
    Fr_Chuck
    Where I come from it is called good customer service, they know your name, call you by name.

    They normally don't say what the prescription is, But if there is a problem with the order they have to talk to you about it.
  • May 22, 2012, 06:20 PM
    AK lawyer
    Quote:

    Originally Posted by tickle View Post
    ... they are not committing any infringement on your personal information unless they say, hi, oh okay mr. albert smith, your social insurance number is....and your doctor's name is...and your address is. ...

    Evidently you didn't read the OP's post completely. As I read it, the name of the medicine was announced in earshot of several people. That would be a HIPAA violation I believe.

    Name, address, Social Security number are not HIPAA-protected info. As far as I know, by-the-way.
  • May 23, 2012, 01:41 AM
    tickle
    Quote:

    Originally Posted by AK lawyer View Post
    Evidently you didn't read the OP's post completely. As I read it, the name of the medicine was announced in earshot of several people. That would be a HIPAA violation I believe.

    Name, address, Social Security number are not HIPAA-protected info. as far as I know, by-the-way.

    In Ontario, social insurance numbers are used to identify clients on prescription insurance forms, so yes, that would be sensitive information. Yes, I did read the post completely and if I had thought naming the medicine was sensitive information I would have mentioned it.
  • Feb 14, 2013, 07:02 AM
    tech student
    I am currently in a pharmacy technician class, and currently learning about Hipaa. It is a violation to mention the medicine name out loud for others to hear in association to name.
  • Feb 14, 2013, 07:06 AM
    tech student
    Let me clarify that, teacher is just saying, there must be teamwork in the retail, the retail pharmacy is in open area, but it is important not to mention the name of the person in association with the name of the drug outloud for others customers to hear. In this situation, this person was in line with others behind him/her could hear that his/her name was mentioned with the name of the drug. Suppose the drug was for psychotic reasons, or the drug was for sexual reasons, or for lice or for something personal. Or if the drug is most commonly used for such a reason, but prescribed by the doctor for something not common or as embarrassing.
  • Feb 14, 2013, 07:16 AM
    tickle
    Quote:

    Originally Posted by tech student View Post
    let me clarify that, teacher is just saying, there must be teamwork in the retail, the retail pharmacy is in open area, but it is important not to mention the name of the person in association with the name of the drug outloud for others customers to hear. In this situation, this person was in line with others behind him/her could hear that his/her name was mentioned with the name of the drug. Suppose the drug was for psychotic reasons, or the drug was for sexual reasons, or for lice or for something personal. Or if the drug is most commonly used for such a reason, but prescribed by the doctor for something not common or as embarrassing.

    Well then the worker behind the counter should be taken to task and told not to name names in connection with the drug they are dispensing.

    It the worker said okay John smith, at 25 smith rd. and your telephone no is kkkkkkkl etc an d your sin no is kkkkkkk, out loud, then that is a HIPAA violation, tech student.
  • May 6, 2013, 10:34 AM
    tech student 2
    OK, I am tech student, and it has been several months since I last posted. I have since worked at a pharmacy as a tech part time while going to school.
    OK.. so now I have a different standpoint, yes, pharmacy techs and pharmacists are trying to provide the utmost customer service. Also, many patients who are regulars, want and expect you to know them by name and all details sometimes. After talking to my manager (pharmacist) and having more classes since especially revolving around HIPAA, you can technically mention just the last name associated with the drug. Sometimes after a busy day it is possible perhaps for full name to slip... although I have not seen it really. Now, I do ask for last name, then I ask for first... and I don't say the drug unless the patient asks and I will share it low-key (as quietly as I can).
    Technically, it is and cannot be a big deal. It depends. Yes, technically it is a HIPAA violation, because both last name and first with the drug was said outloud. I may think it is harsh too, I am nervous about violating HIPAA by accident, but those inforcing HIPAA take it very serious, and if you or someone else wants to file suit... technically you can. HIPAA is complicated yet harsh, but wants to protect every consumer from an embarrassing or harmful one such as reputation.
  • May 6, 2013, 10:37 AM
    tech student 2
    Again, this is a touchy subject, I don't want anyone fired, but HIPAA is a big deal so I am being told and "brainwashed" by my employer and school, due to law-suits that have been filed. Perhaps to be fair, a warning should be given at the least if an accident. But in this case, it seems this person is being ignored and avoided.
  • May 6, 2013, 11:14 AM
    tech student 2
    One last add on, again... I know this sounds ridiculous, and everyone now a days is sue-happy. But I grantee you can call HIPAA hotline and present this info explaining both first and last name with drug name out loud for others to hear, without any other identifiers, they are going to tell you that is a violation. If they say no, then by golly, post it on here so us techs can relax.

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