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    Tweule10's Avatar
    Tweule10 Posts: 1, Reputation: 1
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    #1

    Jun 6, 2013, 05:56 PM
    Violation of HIPAA rights
    I have been seeing a psychologist regarding several subject matters including my physical and mental health, family issues and life in general (this treatment was initiated by me, and paid through my personal insurance). I am also seeking help coping with difficulties surrounding a work related injury, two surgeries and the difficulties I have been having with Labor and Industry regarding my rehabilitation process and the politics of their approval and denial policies. Suffices to say that I don’t believe they have my best health interests at heart when making decisions about what treatments I can have and for how long they will allow me to recover, regardless of what my doctor recommends.
    About a month ago I was ordered by L&I to undergo an independent exam to determine my working capabilities and assigned me to an examiner that just so happens to be in the same company that my psychologist works for. (My psychologist also specializes in work related injury mental recovery) I told the company that I was uncomfortable with them doing this evaluation while I am a patient under their treatment, they told me it happens often and that they would have two separate files and that my personal information and treatment would be held in perfect confidence and in no way would it be used in the examiners evaluation of my work capabilities or made available to Labor and Industry personnel. I had the evaluation and the company sent their report to Labor and Industry, I reviewed the report and did not see anything that should not be there, so I figured my personal information was kept confident.
    I regularly log onto the Labor and Industry sight and review all information and documents that are being scanned and logged into my permanent file, (I like to keep watch just in case something happens that I need to be aware of) and I recently found a document that was scanned into my permanent file, this document was from my personal file with my psychologist complete with my personal information, diagnosis and session notes, including my concerns about how I was being treated by Labor and industry. The report also included my personal health and family issues. I contacted my doctor’s office and told them what I found, they were sorry and don’t know how this could have happened and would look into it and call me back. The reason I was given was an error in their billing process, said their system automatically looks for anything workers comp related and sends it to L&I. I don’t buy it, as their automatic system only sent notes from one visit and not the subsequent ones. They told me they contacted the L&I claims rep to have them remove the information that was sent by mistake, they said their policy prohibits any removal of documentation, even if it was in error. They said they would redact the information. When I logged on today to check what was up, I saw the document completely blacked out after the top line. I also noticed that they scanned the file in a second time and that copy was completely available to review. A redacted file can be undone at any time, my concern is that they have access to information they should have never had, personal information that once it was seen cannot be unseen and I am afraid that someone may use the information in it against me somehow. Is there anything I can do about this, I mean this is a state agency I am talking about.
    Tim.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 6, 2013, 06:11 PM
    OK, so you report it and have it investigated. There is little more you can do.

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