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    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #21

    Oct 15, 2014, 06:38 AM
    Quote Originally Posted by Cheryl Lemley View Post
    Apparently you missed this amendment... my main question is about does the name of the narcotic have to be said and did she discriminate. The P.O. is a business.

    "2013 Final Omnibus Rule Update[edit]
    "In January 2013, HIPAA was updated via the Final Omnibus Rule.[33] Included in changes were updates to the Security Rule and Breach Notification portions of the HITECH Act. The greatest changes relate to the expansion of requirements to include business associates, where only covered entities had originally been held to uphold these sections of the law.

    Additionally, the definition of 'significant harm' to an individual in the analysis of a breach was updated to provide more scrutiny to covered entities with the intent of disclosing more breaches which had been previously gone unreported. Previously an organization needed proof that harm had occurred whereas now they must prove the counter, that harm had not occurred.

    Protection of PHI was changed from indefinite to 50 years after death. More severe penalties were also approved for violation of PHI privacy"
    Do you understand what the HITECH Act is really about? The HITECH Act was initiated to provide electronic medical records. These records are available to all medical providers of a patient upon the signed Release of Records of the patient. This, in turn, makes it easier and more efficient to get records from one provider to another without fees associated with copying records, and time involved with mailing said records. It also allows for the patient to be able to go online and view their medical history, tests, etc.

    Basically it is an exchange of medical records between providers. Your quote does address, as I said above, insurance companies. Many medical billers an coders work remotely from home, so they are covered under this as well.

    All hospitals are required to be on an electronic record system by December of 2014 without paying severe penalties. My facility just went "live" with the HITECH, using http://www.epic.com/, on September 1 of this year.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #22

    Oct 15, 2014, 06:51 AM
    Quote Originally Posted by Cheryl Lemley View Post
    Look either the postal worker broke the law or not with what she did.
    I'm sorry but it is not that black and white. There are not laws that cover every eventuality. There is a concept of civil wrong where a person may be harmed by the actions or inaction of another. That is not necessarily "breaking the law". Such a situation can be redressed in civil court.

    And I have read all the other responses. No one said your son isn't owed any consideration, that is your interpretation. If you feel your son was discriminated then contact the ADA. I have said repeatedly, that, based on your account, the postal worker did do wrong. We haven't tried to insult you, but we are giving you advice, accurate advice and you have not accepted it as accurate.

    You started this off with an incorrect assumption. And when told that assumption was incorrect, you got all defensive. Which produced some other reactions.


    Bottom line is you need to seek redress either through the Postal Service, by escalating the complaint and/or through the courts with a civil suit. For the latter you need an attorney.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #23

    Oct 15, 2014, 07:01 AM
    No one said your son isn't owed any consideration, that is your interpretation
    Actually, I did say the son wasn't owed consideration. If the postal carrier of that day did not know of the condition of the son, he/she can't be held responsible. The postal worker can't be expected to sit at the door for what may feel like an eternity so that the son can get off the toilet and into his wheelchair to finally answer the door. There are reasonable expectations when it comes to answering a door no matter who is knocking.

    I truly understand your dilemma as I have a son currently in Afghanistan on his second tour of duty, and one who had one tour in Iraq. They both suffer from mild PTSD. It's not that I am unsympathetic with you.

    Your son should be getting a 90-day supply of meds from the VA. I'm sure you will correct me if I'm wrong. Is there a reason that you waited until his supply was almost gone before the refill was sent?

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