[jessical291]

She was asked to help him out one day to "answer the phones" and while she was doing so, she was "looking around" the patient files, schedule calendar, etc, and noticed my name on the schedule (she hates me for some reason). She then proceeded to find my patient file ont the computer and got my phone number so she could call to tell me I am no longer welcome in the clinic. The doctor does not own the clinic, therefore can she do this? And did she commit a HIPAA violation? (She is not employed by the company he works for, he simply asked her a favor)

[J_9]

Unfortunately, no, this is not a HIPAA violation.

You see, even though she was doing the clinic a "favor," she was an implied employee. Her phoning you and telling you that you are no longer welcome in their clinic was none of her business. HOWEVER, HIPAA deals with the privacy of medical treatment.

Since she did not, as far as you know, disclose your medical condition or treatment with anyone not affiliated with your condition/treatment, she did not violate HIPAA.

I'll give you an example of a HIPAA violation, completely hypothetical of course.

If you were a patient at the hospital I work for, and you came in with, ummm... pneumonia and I as a nurse, or any other medical personnel at the hospital, began to discuss your condition with anyone that is not directly involved with your care. For instance, say your neighbor saw me in the grocery store and asked why the ambulance was at your house the night before and I said "Oh, Jessica couldn't breathe and they called 911 for an ambulance, it seems that she has pneumonia and has been admitted to the ICU." Then that WOULD be a HIPAA violation because that neighbor is not directly involved with your care, nor have you given permission for your medical condition to be discussed with that neighbor.

Now, what this woman did violates ethical policies, not HIPAA laws. If her husband is not the sole practitioner of the chiropractic clinic, I would go to his administrators and discuss the situation with them.

[twinkiedooter]

What she did was illegal and very, very wrong. HIPPA has to do with your treatment and/or physical problem. Contact whoever is in charge at the clinic and tell them what she did immediately as she probably has done this to someone else other than you and they need to know what ill will this woman is doing to their clinic pronto.

[LearningAsIGo]

I agree with both above. While it is a ethical issue, it is also (very likely) a clinic policy that she violated.

Occasionally, our doctors will "dismiss" a patient for ignoring medical advise, abusing staff, etc. Even under these extreme conditions we warn the patients several times in writing and finally issue a formal letter. We're also part of a clinic and it's their policy we must follow.

This woman was out of line and you need to report her actions ASAP.

[Fr_Chuck]

1. Why do you go to a doctor, whose wife hates you? Is there some story here we are not aware of.

2 are you trying to get your doctor in trouble, you could file a complaint against him to the AMA for his office prataice.

3, And since she was "helping" she would be considered employee status, even if not paid. Many wife's work off and on, in their husbands practice.

If the calls are harassment, report the phone calls.