[Emland]

Does this law serve any real purpose? It appears to me people only want to use it as a means to play "gotcha" and don't get the reason the law was written. I have worked as a telephone answering service operator over the years and am here to tell you that people volunteer way more of their medical information than they should.

Just wondering what you think.

[J_9]

Actually it does serve a purpose from a medical standpoint. You see, when people volunteer their info, it is not a HIPAA violation. However, if a doctor or a nurse, for instance, were to go outside, have a smoke and talk with one of their co-workers and discuss patient info... What they don't know is that a partner or a family member is nearby and that family member has not been cleared to be given the info, well, they overhear the info that the patient may not want others to know. Hence, their rights have been violated.

Another instance... An employee takes a leave of absence, no reason given, but this employee is due some time off... The employer suspects mental illness, so the employer contacts the local mental health facilities and is told that the patient is in their care and is diagnosed with major depressive disorder and is fired. As long as that patient is medication compliant, their depression is not reflected in their work, they are a good employee, etc... what business is it of the employer?

Again... if the patient is an addict... but functions well at work... takes some time off for rehab... the employer calls the rehab center and asks if "Sally Jones" is a patient... The employer is told "Yes, Sally is a patient." Again, as long as Sally is performing her work appropriately what business is it of the employer if Sally took accrued time off?

I could go on and on. However, people who willingly volunteer their info are exempt from the HIPAA laws.

[Emland]

I guess there are people out there that keep their medical issues to themselves, J. I just haven't met any. I get way too much info!

[J_9]

You may... But there are others who do not want their medical condition known. You know, AIDS patients, HIV patients, etc.

You are hearing it from the patient/afflicted, therefore their HIPAA is exempt, but when it is discussed say in a restaurant, by a couple of nurses and overheard by an employer or a neighbor, just for example, that is when the privacy laws are violated.

When the patient themselves gives up the info, they have voluntarily given up their rights. It is when it is discussed without the permission of the patient that we have a problem.

[J_9]

I guess there are people out there that keep their medical issues to themself, J.

Even so, referring to those people that you know of, it is illegal for the treating physican, nurse, or other employee of the particular facility, to discuss the patient's medical condition outside of the facility or within earshot of any other person who is not directly involved with the care of the patient in any form or fashion.

[shygrneyzs]

I just love HIPAA. A week ago the pharmacy called and asked for my youngest son. I asked who was calling and all I got back was that it was a confidential matter and could only be discussed with my son. I then asked to speak with her supervisor and got the HIPAA compliance manager of the pharmacy. I told him who I was and said I would be there with my son. Once we got there, the manager understood why my son was not able to come to the phone (he has developmental disaiblities and cannot talk). I had my papers from the court from the guardianship, in case this needed to be recorded for their records. Now they can talk to me about my son's medications.

It was a hassle of sorts but you know that has been the only pharmacy in the seven years I have lived here that has stuck by the HIPAA law. For that I congratulate them.

I agree with you Em, that there are some people who willingly divulge their medical conditions with anyone who will listen. Have a neighbor who does that and then she complains about her right to privacy when someone asks her about such and such because they heard from another so and so that she was not well. Go figure!