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    pnkrkmama's Avatar
    pnkrkmama Posts: 16, Reputation: 5
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    #1

    Jul 21, 2008, 10:52 AM
    My HIPA was violated while in the emergency room .
    I am a personal assistant. My boss noticed that I was overwhelmed and acting unlike myself and asked that I take a few days off. What she was noticing was panic attacks back to back which I have learned to to hide well given my history. I work at a drug and alcohol treatment center and am constantly in the mix with all of the madness that goes on around. I had recently been put on a new medication that was making things worse so I decide to go to the emergency room of a hospital that is renowned for its treatment of people with conditions such as mine. I went in to emergency to see what they could to help me since. The ER doctor asked if she could call my boss to see what symptoms she had noticed. I agreed under the condition that she only speak with my boss directly NOT with anyone else for obvious reasons (I signed nothing clearing this transaction of information) However, when the ER doctor called she spoke to the first person who picked up the phone who happens to be the ONE person I DID NOT want to have any knowledge of what was going on. This person called other staff members into her office and told them that I was in the ER and what I was there for. I knew none of this at the time.
    Back at the ER they had a phyc nurse come and talk with me and say that maybe if I spent the night in the unit they could stabilize my meds and get things working right. Basically, I could voluntarily admit myself. Again I agreed under one condition; a client was having some emotional problems and had asked my administrative staff to be taken to the same hospital to be admitted for a few days; that this client had been discharged and I was guaranteed that I would NOT cross paths with this person as it would be terrible for me as a staff member and my for employment and for the client in his recovery and for any other client he would potentially tell. They promised he had been discharged. So I agreed for the night. Much to my surprise the following morning I see him walking down the halls of the dorm unit I was in. After being told by the resident pychiatrist I was NOT going to have my meds changed at all I felt like the whole thing was a waist and AMA'ed (against medical advise). I get into the car and find out all that had happened with the breech of confidentiality and my job...
    So now here I am at work...

    What do I do ?

    (... PS I got my med figured out.. )
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 21, 2008, 11:08 AM
    Well it depends on what the ER doc said to this person. If the doc said; "we have so and so here for treatment for x, can you tell us what you have observed about her behavior?", that might constitute a HIPPA violation. If, however, he simply asked for info about your behavior, that might not qualify. As for the other patient. You would have to prove he wasn't discharged as you were told. He may very well have been discharged but had come back for outpatient care.

    Even if you there was a HIPAA violation, what do you think that gets you? HIPPA violations may be punishable by fines or even loss of license for the health care professional who violated your confidentiality. But you can't sue for compensation.
    pnkrkmama's Avatar
    pnkrkmama Posts: 16, Reputation: 5
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    #3

    Jul 21, 2008, 11:33 AM
    In the field Ive noticed that people with addiction and pych issues are run roughshot over and no one thinks twice. I see that every day. And being the one on the receiving end of it SUCKS. I think Im just going to write some letters
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 23, 2008, 06:59 AM
    Quote Originally Posted by pnkrkmama
    In the feild Ive noticed that people with addiction and pych issues are run roughshot over and no one thinks twice. I see that every day. And being the one on the receiving end of it SUCKS. I think Im just going to write some letters


    Depending on who you are writing you could very well lose your employment over this and gain nothing.
    pnkrkmama's Avatar
    pnkrkmama Posts: 16, Reputation: 5
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    #5

    Jul 29, 2008, 12:43 PM
    There is a whistle blower protection law.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 29, 2008, 12:57 PM
    Quote Originally Posted by pnkrkmama
    There is a whistle blower protection law.


    The Whistleblower Protection law covers former employees or employees who report misconduct in violation of laws or which misconduct is a direct threat to the public. There is some question whether it applies to reporting an employee within a company to someone who will discipline that employee or whether the misdeed has to be reported to an outside agency - I believe the misdeed has to be reported to an outside agency and I don't see an outside agency that could be brought into this.

    I see no misconduct here on anyone's part. OP states that his/her boss noticed the behavior and asked the OP to "take a few days off." OP could have been laid off or fired for whatever was going on that the boss noticed.

    HIPAA is not the answer; OP could report the people who discussed his/her condition but I don't see that they didn't have a right to do so given the fact that the behavior (again, whatever it was) had come to their attention. I read this less as people trying to get into OP's business and more as people concerned and attempting to keep OP employed. I also see no hard facts, just supposition.

    OP admits that the history was covered up or hidden (or words to that effect) and I'm not sure once the symptoms appeared that the employer didn't have a greater duty to the other employees to keep them safe than the duty not to ask questions.

    The Whistleblower Law - with a few well publicized exceptions - has pretty much been a failure and once an employee is branded a "Whistleblower" he/she can pretty kiss their career good-bye.

    As far as a client being in the same facility and meeting OP in the hallway (or whatever) - this is a hospital. There is no way to prevent that.

    But, again - get a labor law Attorney and find out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jul 29, 2008, 12:57 PM
    Don't expect the whistle blower law to really be a lot of help, look at all of the larger famous cases, the blower never ended up on the job.

    They find other issues, that are not related, such as your medication, or the actions while on it, or a dozen other things that can be found or created. A person that goes on an agenda that involves there work place will very soon be out of work, just a honest fact of life.

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