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anythoughts · Oct 21, 2011, 02:36 PM

I happen to work in a clinic with also houses a pharmacy. A doctor of our clinic wrote a presciption for me and I had it filled at our pharmacy. Evidently it is against company policy to have a doctor write a presciption for an employee. They found out by going through the pharmacy records and pulled my prescriptions, my husbands and children's medications that had been filled at the pharmacy. They say it was for a "investigation". I was given a final warning for 12 months and was monetarily punished. What do you think?

JudyKayTee · Oct 21, 2011, 02:41 PM

I think there was a violation of known company policy and the company is within its right to investigate the violation.

The company is within its rights.

anythoughts · Oct 21, 2011, 03:11 PM

Understood, however the company policy is extremely vague. It simply states employees are not to get services from the providers, i.e. dentist, chiropractor, etc. I was under the understanding that any doctor could write a prescription for anyone.

Fr_Chuck · Oct 21, 2011, 06:21 PM

If it states employees are not to get services form the providers how is that vague, you don't use the doctors.

So you broke company policy and honestly lucky to have a job.

No there did not give out any heath info, they merely checked records for other violations of policy.

anythoughts · Oct 25, 2011, 10:44 AM

Unfortunately they get information and it was given to my boss, hr, other staff etc. I an not saying that I didn't break company policy. I am simply stating that they could have gotten the information they needed without seeing what prescriptions were prescribed. Now they were able to see all of my prescriptions, and not just the one that the clinic doctor prescribed. I believe that is a PHI violation. It is clear that you cannot give or get that kind of information without written consent.

JudyKayTee · Oct 25, 2011, 11:19 AM

Originally Posted by anythoughts

Unfortunately they get information and it was given to my boss, hr, other staff etc. I an not saying that I didn't break company policy. I am simply stating that they could have gotten the information they needed without seeing what prescriptions were prescribed. Now they were able to see all of my prescriptions, and not just the one that the clinic doctor prescribed. I believe that is a PHI violation. It is clear that you cannot give or get that kind of information without written consent.

I'm sorry, but you are wrong. If it's an internal investigation they can and will access any information they need without written consent.

Could an outside entity - say that I'm the investigator assigned to this - gain access? No.

If the prescription had been filled at an outside Pharmacy there would not be this issue.

I also find the policy to be very clear. I don't see that it's vague.

My late husband was a Pharmacist. His policy was no prescriptions filled for employees in his stores. It was for several reasons including privacy and avoiding any suggestion of some type of fraud or misrepresentation. He was serious. Violate the policy and you are unemployed.

justsayin · Jun 28, 2012, 10:54 AM

They could have gotten information for the employee only without obtaining information for her husband or children. In fact all they needed to do was look up prescriptions provided to her from their (company) doctors only. There was no need to obtain records of family members to investigate company violation of staff being treated by provider. Family members are not employees! It is a PHI violation since the others did not sign consent.