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    Cascadefarm's Avatar
    Cascadefarm Posts: 2, Reputation: 1
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    #1

    Aug 23, 2010, 03:52 PM
    Ny penalty for violating HIPAA by a doctor who sent residents into two different hosp
    Please help me. I was in a hospital in 2010. Upstate NY. A doctor sent two residents into two different hospitals to retrieve my records. I know that this is a felony twice over. What are my rights?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 23, 2010, 04:05 PM

    First no, it is not a felony anyway,
    By residents I will assume you mean medical doctors who are working their residency requirements. He is allowed to share that info with other medical persons. Next merely getting your records does not even mean they looked at them, they well could have been sealed in a envelope.

    You have the right to thank the doctor for treating you, for going beyond normal standards and sending people to get your records instead of having them faxed ( to non medical people in a office)

    So you have the right to complain about things you know nothing about
    Cascadefarm's Avatar
    Cascadefarm Posts: 2, Reputation: 1
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    #3

    Aug 23, 2010, 04:16 PM
    Quote Originally Posted by Cascadefarm View Post
    Please help me. I was in a hospital in 2010. Upstate NY. A doctor sent two residents into two different hospitals to retrieve my records. I know that this is a felony twice over. What are my rights?
    First of all, it is a felony for a Heath care person, to knowingly and intentionally breach hipaa, this doctor wasn't my doctor, so he had no reason to send residents into two different hospitals to obtain my records and obtain them they did. As I have letters from both hospitals. Are you in NY?
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #4

    Aug 24, 2010, 09:05 PM

    Before you start in on correcting someone who posted to help you - why did you leave out the point that this doctor was not your doctor? So who was this doctor? How would he know you were treated at two other hospitals? How would he know about your files? How would he know about you, if he not treated you?

    Do you want to fill in the rest of the story here?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Aug 24, 2010, 10:41 PM

    Sorry, but I don't see a HIPAA breach either. Looks like you were in a teaching hospital so your records are open to any resident and/or their attending for education purposes.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Aug 24, 2010, 10:42 PM

    Oh, and BTW... I am a nurse and I work in a teaching hospital.

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