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    Doj's Avatar
    Doj Posts: 5, Reputation: 1
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    #1

    Apr 19, 2012, 08:00 AM
    HIPPA violation?
    Over the telephone I disclosed to my dentist's receptionist that I was newly pregnant. I was planning on getting dental work done and needed to know if x-rays and medication were going to be necessary. About a week later, my husband came to the office for his check up. All of the office personnel and the dentist congratulated him. When I called, I told the receptionist that I was only 7 weeks pregnant and that we were not telling anybody yet, but that I needed to know if I would still be able to get the dental work done. Meanwhile, they never called me back to let me know if I could get the work done or not, but they told my husband to tell me that I would have to wait until the baby was born. I would like to know if I have any kind of case.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Apr 19, 2012, 08:18 AM
    Don't you have each others names on each others release forms like most married couples do?
    Doj's Avatar
    Doj Posts: 5, Reputation: 1
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    #3

    Apr 19, 2012, 08:23 AM
    The problem was that the whole office knew, plus, there were other patients in the office. Also, I don't believe I have my husband's name on the release form.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Apr 19, 2012, 08:24 AM
    Do you have a case? What are you looking for? You said "that we were not telling " giving the impression your husband knew already. You gave the information to a receptionist, she had to pass it on to the dentist. This is not disclosure as it pertains to HIPAA.
    Doj's Avatar
    Doj Posts: 5, Reputation: 1
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    #5

    Apr 19, 2012, 08:33 AM
    Quote Originally Posted by ballengerb1 View Post
    Do you have a case?? What are you looking for? You said "that we were not telling " giving the impression your husband knew already. You gave the information to a receptionist, she had to pass it on to the dentist. This is not disclosure as it pertains to HIPAA.
    The issue was that the information was broadcasted across the doctors office, while other patients were there.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 19, 2012, 08:38 AM
    Quote Originally Posted by Doj View Post
    ... I would like to know if I have any kind of case.
    HIPAA is not about striking it rich if the health care providers somehow violate the regulation. It's about fining them under the appropriate circumstances. And that fine would go to the government, not you.

    So how do you figure you were damaged by what does appear to be, technically, a violation?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #7

    Apr 19, 2012, 08:42 AM
    When were you going to tell us the "issue" , you never mentioned this is the previous posts. I have provided my answer based on my knowledge and experince. If you still believe you have a case then file a complaint. How To File a Complaint
    Doj's Avatar
    Doj Posts: 5, Reputation: 1
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    #8

    Apr 19, 2012, 08:47 AM
    Quote Originally Posted by AK lawyer View Post
    HIPAA is not about striking it rich if the health care providers somehow violate the regulation. It's about fining them under the appropriate circumstances. And that fine would go to the government, not you.

    So how do you figure you were damaged by what does appear to be, technically, a violation?
    We live in a small town. This isn't information we've shared with anybody, as the news is so "new". I feel it was unprofessional of the receptionist to convey this information to anyone except the doctor, and the fact that she broadcasted the information throughout the office while other patients were there seems to be like a violation of privacy. I thought "health information" was supposed to be kept confidential.
    Doj's Avatar
    Doj Posts: 5, Reputation: 1
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    #9

    Apr 19, 2012, 08:49 AM
    Quote Originally Posted by ballengerb1 View Post
    When were you going to tell us the "issue" , you never mentioned this is the previous posts. I have provided my answer based on my knowledge and experince. If you still believe you have a case then file a complaint. How To File a Complaint
    We were going to disclose this information to close family at 3 months, and my employer at 4 months. I am only 7 weeks currently.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Apr 19, 2012, 09:02 AM
    What would I do? I'd take the subject up with the receptionist and the Dentist. Then I'd find a new Dentist - or you'll be asked to find one, either way.

    Can you report the violation? Yes. Will someone decide if it's a violation? Yes.

    Will you get any money from it? No. You have not been financially harmed.

    If that changes, I'd come back and post - for example, you get fired from your job and no one could have possibly told your employer except the Dentist, not a friend, not a relative.

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