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    puglover70's Avatar
    puglover70 Posts: 7, Reputation: 2
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    #1

    Jun 14, 2007, 12:55 PM
    HIPPA in a pharmacy
    I had my pharmacy disclose my prescription information to my supervisor. What is the statue of limitations to file a claim against the pharmacy and my former employer? The violation occurred in 9-06.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #2

    Jun 14, 2007, 01:32 PM
    From how you stated this, it sounds like you gave permission. "I had my pharmacy disclose...." If you did not give permission, sign a release of information, then there is a violation of your privacy. How did your supervisor know about your pharmacy and your medication?

    From the HIPPA website, you have some time to file, but I think you have past the timelime. I would go with the HIPPA site's facts.
    LLP: Final HIPAA Privacy Regulations: Documentation[/url]
    HHS Office for Civil Rights - General Information
    HHS - Office for Civil Rights - HIPAA

    If you do not want to look through all that, call this toll free number: 1-866-627-7748
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Jun 14, 2007, 01:37 PM
    Quote Originally Posted by puglover70
    I had my pharmacy disclose my prescription information to my supervisor. What is the statue of limitations to file a claim against the pharmacy and my former employer? The violation occured in 9-06.
    Since it appears you HAD your pharmacy disclose the info to your supervisor, that means you gave permission for them to release the info. If that is indeed the case you don't have a case. You gave permission.

    As for the statute of limitations it is typically different in every locale. However, it is usually one year from the date of discovery, meaning one year from the date in which you discovered this. It may be different in your area though.
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    puglover70 Posts: 7, Reputation: 2
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    #4

    Jun 14, 2007, 01:46 PM
    Quote Originally Posted by puglover70
    I had my pharmacy disclose my prescription information to my supervisor. What is the statue of limitations to file a claim against the pharmacy and my former employer? The violation occured in 9-06.
    I did not give permission. I am sorry I was trying to give a short version. Now with the long. I just accepted a new job and with insurance changes I needed a appt with my doctor for a month later when new insurance kicks in. I then asked my doctor to phone in refills for my sleep medication and anxiety med. Someone told my supervisor that I had called in the RX under my doctors name(that I was posing from her office). He did not get my permission or discuss this with me. He got my pharmacy from the other employee that heard me give to the doctors office. He(supervisor) called my pharmacy and was given 1. name of RX 2. date it was called in and 3. my doctors name. Supervisor then called my doctors office to verify they called in this medication. I did not find out about this until 9-29-06 when I was at an exam with my doctor and she asked me if I got the situation with my supervisor worked out. I filed a complaint to my HIPPA privacy officer at work(since I worked with a medical clinic). They made him attend another HIPPA seminar and closed the case. I no longer work for that clinic and since have changed all RX's to another Pharmacy as well as changed my doctor since I no longer felt comfortable going to her.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Jun 14, 2007, 01:52 PM
    Well, that is a little different than what you had written originally. Now, has this hurt your employment in any way? Will it hurt your future employment? Probably not.

    I am not a fan of lawsuits such as this because it takes so long and ties up courts and money. Now, before you disagree with me, understand that I was a medical researcher for an attorney who did file claims against medical professionals.

    I believe you made your point already to the company that you worked for. As for the doctor and the pharmacy, you may want to file a complaint with your local medical board regarding their unprofessionalism, but I would leave it at that. It will be VERY expensive if you choose to do anything more, not even to say that you have waited this long to file a claim so you will not look very credible if it were to go to court.

    I don't mean to say that you are not credible, but waiting this long would be hurtful to any case.
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    puglover70 Posts: 7, Reputation: 2
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    #6

    Jun 14, 2007, 02:00 PM
    I waited so long for a couple of reasons. 1. I had major surgery 2. then a 2 week ICU stay. 3. along with my anxiety and medical conditions I was in fear of my job if I went any further. 3-07 I was terminated from there due to being in ICU. I am not sure how I will handle this, but I have had my privacy violated by Walgreens and my supervisor and doctor. I have been trying to contact an attorney in my area and no one seems to "specialize" in this field so for over 3 months I have been trying to find someone to tell me what my options were.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #7

    Jun 14, 2007, 02:01 PM
    I would say, that, based on your second post on your situation, you have done as much as you can. I do agree there was a serious violation here - from your supervisor and from your pharmacy. But after nine months, I am not sure what you can accomplish, legally. Call that toll free number I listed above and see what else you can do, legally. Some attorneys might take this and base their fee on the amount of the settlement.

    Am glad to hear you changed jobs and pharmacies. Your experience shows just how our rights to privacy can be violated. Good luck to you, if you decide to pursue this.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Jun 14, 2007, 02:05 PM
    You had mojor surgery immediately after finding out? Were you in ICU immediately after finding out?

    Now, understand I am asking you the same questions I would ask had you come to the attorney that I worked for to determine if you have a case. I am not judging or manipulating in any way.

    The questions I am asking would be asked by opposing counsel should you have a case.

    Okay, back to the matter at hand.

    In March of 07, when you were terminated, what was the reason given for your termination?

    How long had you worked there?

    When contacting an attorney you contact one that specializes in Medical Malpractice. Nothing more, nothing less.
    puglover70's Avatar
    puglover70 Posts: 7, Reputation: 2
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    #9

    Jun 14, 2007, 02:25 PM
    I found out in End of Sept. contacted my employer waited to do anything in fear of losing my job. In Jan 07 had surgery and 3-05-07 was in ICU. When I returned from ICU I was let go because of being out for sx and ICU. That along with needing to go back to my doctor and not feeling comfortable that is when I started to pursue it in March. So it was about 6 months from finding out. Like I stated I am not sure what I will do and if I don't look credible to anyone else(I mean courts) I at least might make it to where Walgreens does not do it again to anyone else.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #10

    Jun 14, 2007, 02:30 PM
    Are you in the US?

    How long did you work for that company?
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #11

    Jun 14, 2007, 08:18 PM
    Just to play devil's advocate... it sounds to me, from puglover's second description of the event, that her boss, who happens to be a medical clinic, was following up on information that an employee might have been involved in an illegal action (calling in a false prescription). It turns out that the employee wasn't (although I found the description of exactly what was going on slightly confusing, and am not sure whether it was entirely kosher with the insurance company, but that's a different issue), but doesn't a medical clinic have a duty to ensure that prescriptions called in from it are actually valid? Just wondering if that would change the laws that apply in this case.
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    puglover70 Posts: 7, Reputation: 2
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    #12

    Jun 15, 2007, 07:41 AM
    I live in Walls, MS and work in Memphis, TN. I was only with the company since 7-24-06. I am not wanting to pursue anything on the termination. After the HIPPA complaint to the HR dept. My supervisor could not even act cordial to me. I am glad not to working there anylonger and had been working on finding other employment. I had an offer at the company I worked previously. I was working the next day after being terminated.
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #13

    Jun 15, 2007, 08:11 AM
    Quote Originally Posted by puglover70
    I waited so long for a couple of reasons. 1. I had major surgery 2. then a 2 week ICU stay. 3. along with my anxiety and medical conditions I was in fear of my job if I went any further. 3-07 I was terminated from there due to being in ICU. I am not sure how I will handle this, but I have had my privacy violated by Walgreens and my supervisor and doctor. I have been trying to contact an attorney in my area and no one seems to "specialize" in this field so for over 3 months I have been trying to find someone to tell me what my options were.
    I would let hippa handle the first case, that is what they are for , the second case Terminating you because you were in ICU, the agency that inforce the Family Medical Act will get you a lawyer for this, also let them know about your 1st set of troubles with your former employers, sometimes it can be resolved with out going to court, Now this group is like any other it depends on who answers the phone. My husbands case his mother was in ICU and they fired him.that year he had also came down with a serious stomach problem that requires life long treatment, so they were not happy about that either.. I was told by everyone we did not have a case... I am not one to give up... I spent days calling attonerys, burea of workers comp... etc and finally found and called the Family Medical Leave Act In my phone book... the first one I spoke to told me we did not have a case... but from my interperation of the law I knew we did , rather than argue with her I made sure to write her name down and waited and called back I got a man this time and explained the situation to him. He called my husband's employers and the negotiations began, they gave him his back pay, his vacation time (they had refused to pay him) a raise that he was due and wrote a letter and signed that they had amiss in firing him. We did not ask for mental compensation only what was due him in the weeks they had fired him. He is still working there and it has been almost ten years since that happened, yes they messed with him, stole his tools which they replaced rather quickly , and would send him on job sites that would be finished and no one there, laid him off at christmas, change his hours etc.. those matters were dealt with via fax every time they did something stupid. This man had our backs and stuck by us. He let them know that this group still had lawyers and any type of further harassment would get them a court date and a law suit. This company employeed over 700 people. You would have thought they would have know better! If you feel like you have beed violated and your up to the challenge don't give up. Good luck
    LadyB's Avatar
    LadyB Posts: 320, Reputation: 42
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    #14

    Jun 15, 2007, 08:47 AM
    the second case Terminating you because you were in ICU,
    That was my first thought. HIPAA aside I think it's illegal to terminate you for being ill.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #15

    Jun 15, 2007, 11:02 AM
    Quote Originally Posted by puglover70
    I live in Walls, MS and work in Memphis, TN. I was only with the company since 7-24-06. I am not wanting to pursue anything on the termination. After the HIPPA complaint to the HR dept. My supervisor could not even act cordial to me. I am glad not to working there anylonger and had been working on finding other employment. I had an offer at the company I worked previously. I was working the next day after being terminated.
    Small world. I live very close to Memphis, about 40 miles north actually.

    Now, seeing that you only worked there less than 3 months I am not so sure anything can be done about FMLA. Usually you must be employed for more than 3 months for any kind of benefit to kick in. Also, Tennessee is a work at will state, so they were able to terminate you for any reason.

    What you need to do, and I can't remember if I read you did it or not, so please forgive me if I am repeating myself. Is contact your licensing bureau and report the doctor and the pharmacy. I have heard numerous complaints about your particular pharmacy and HIPAA violations, so I am glad you moved to a different pharmacy.
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #16

    Jun 15, 2007, 12:08 PM
    j9 you are correct. You have to be employed for 12 months prior to the leave also there has to be 50 employees with a 75 mile radius of the office and no tennesse is not exempt. It is a federal law. Whomever has questions regarding their state can call their local office Wage and Hour division listed in the government section of the phone book. There is also a website for Family Medical leave act that can be googled. It would be nice if no one ever had to use it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Jun 15, 2007, 12:36 PM
    I think froggy has a valid point here. If I understand this correctly, you were overheard calling in a prescription from a medical clinic. The clinic may very well have been justified in investigating this.

    However, whether a HIPPA violation occurred the purpose of a lawsuit is two fold. Most importantly its to provide compensation for a loss due to negligence. The problem here is I don't see where you have suffered any loss. The second reason is to provide punishment to the negligent party. But that would be the province of the HIPPA enforcement.

    So I don't see that you have any grounds for a lawsuit.
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    froggy7 Posts: 1,801, Reputation: 242
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    #18

    Jun 15, 2007, 06:32 PM
    Quote Originally Posted by LadyB
    That was my first thought. HIPAA aside I think it's illegal to terminate you for being ill.
    Actually, it is illegal to treat a short term disability differently from other other grounds when firing people. For example, if a company has a policy of firing anyone who misses more than three days in their 90 day grace period for any reason, it is perfectly legal for them to fire you if you miss more than three days because of illness, pregnancy, taking care of sick kids, etc. Or, as I have seen it put once, you don't lose rights when you are ill, but you also do not gain any special protections if you are, either.

    Also, while they can't fire you for being ill, in most cases people are employees at will, and the company can fire you for no reason. It's a fine line to walk between doing that and firing someone because they are ill.

    Personally, I can see both sides of the situation. I've had to go out on short-term disability, and was very glad that they couldn't just fire me and (most importantly) cut off my benefits. But I've also had to work in a department where someone was out on leave, and it's disruptive and difficult on the rest of the department to have to juggle someone else's work on top of their own.
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    puglover70 Posts: 7, Reputation: 2
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    #19

    Jun 18, 2007, 10:39 AM
    Ok, I would like to state one more time that I have no concern for doing anything about being fired. I was already looking for other employment. I am glad to not be working for UT medical group any longer. I simply asked that if I wanted to pursue going after Walgreens because they gave out my personal information, what was the statute of limitations. Also, I have suffered. My life at work was hell, I had to change pharmacy's, and I didn't feel comfortable going to the doctor any longer. I had to change my OB/GYN that I had been going to for 7 yrs. I already suffer from anxiety and this situation has not helped. I am not searching for money, I just want to question why nothing will be done when my HIPPA has BEEN violated. I work in the medical field and everyone is sooooo worried about being HIPPA compliant. I have to ask what does it matter if no one wants to enforce it?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #20

    Jun 18, 2007, 10:42 AM
    Oh, you worked at UT Medical Group. Well that explains it!!

    Sorry, we have a UTMG in my town north of Memphis and I refuse to go to them, or work for them when I graduate, because of some of their lax policies.

    Now have you tried to contact Walgreens' Headquarters regarding your complaint?

    Walgreen Headquarters Location
    200 Wilmot Rd.
    Deerfield, IL 60015 (Map)
    Phone: 847-914-2500
    Fax: 847-914-2804

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