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Hippa Law True Or False


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OK I finally got the MRI I had been begging for going on 3 years. I later get a letter from my dr stating no additional action needed and the results of the MRI were interpreted as contradictory to what 3 previous doctors had reported. I messaged my primary and requested to speak with the Radiologist who actually read the MRI. A phone number was provided via my health e vet and I called the doctors office and was transfered to the actual doctor whom read the MRI, or indicated that he read the MRI.

I told the dr I wanted to discuss the findings he had concluded abt MY Mri. I was immediately told that he could NOT discuss MY Mri results with me, due to HIPPA laws. This doesnt sound right,

They are MY results, I am the veteran, why cant the doctor who read my MRI discuss his findings>

I made a complaint to the chief of staff and await a call back so we shall see what they do.

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Permitted Uses and Disclosures

Permitted Uses and Disclosures. A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.

(1) To the Individual. A covered entity may disclose protected health information to the individual who is the subject of the information.

(2) Treatment, Payment, Health Care Operations. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities.19 A covered entity also may disclose protected health information for the treatment activities of any health care provider, the payment activities of another covered entity and of any health care provider, or the health care operations of another covered entity involving either quality or competency assurance activities or fraud and abuse detection and compliance activities, if both covered entities have or had a relationship with the individual and the protected health information pertains to the relationship. See additional guidance on Treatment, Payment, & Health Care Operations.

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I would think that they can give me MY OWN INFORMATION ???

""""(1) To the Individual. A covered entity may disclose protected health information to the individual who is the subject of the information.""""""

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  • Moderator

I would take a copy of the Hippa laws to your Dr and tell who ever said ''they can't discuss this information with you'' tell them ''with all due respect your incorrect'' they may not but the Dr can or the one that read your MRI here are the Hippa laws in writing. you might go see the Hospital Admin first!

That's what I's do

JMO

Buck!

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@ 63Sierra- IMO, the doc was trying to protect himself from a potential HIPA violation. The law requires that a positive ID must be made to divulge patient information. The days of getting that kind of information over the phone are gone due to these rules. These days you can be in violation for discussing a case with no names mentioned but there is still enough info for a listener to figure out who they are talking about. People have been successfully sued for discussing patient info over a phone call. The findings must be discussed face to face or he may send you the findings (most likely registered mail). The fact is that anyone can call in and say it's you and request confidential information.

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I agree with SoldierMedic. I called a private hospital to request records and was told I had to come to the records office at the hospital, show a photo ID and sign a release form before they would provide the records to me.

You might have to discuss the MRI with the radiologist in person and show identification.

Good luck to you.

GP

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he asked my name and last 4, which I gave him, and he told me I had to go talk to my primary.

Well my primary is the one who sent me a letter saying no further treatment is needed, but they are basing that on an incorrect MRI reading. I would gladly meet face to face with the Radioligist, but wasant given that option.

I have 3 previous documentations that contradict what this doctor is saying, so I want to make them update everything so I can get proper care and comp.

Edited by 63SIERRA (see edit history)
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when I had surgery I met my surgeon, when I had diet, I met my dietician, when I had cancer, I met my cancerologist, what is the big problem with meeting Radiologist? they are like the secret agents of the VAMC. Nobody ever sees them. like ninjas.

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The nurses and doctors in my primary team have spoken with me by phone after verifying my name , date of birth and last 4 ??

So have reps from the RO / so I guess its a we will call you, dont call us situation

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Maybe so, Sierra, but just because someone on the phone has your name, DOB, and last four, it doesn't prove that person is actually you. That's why so many offices require waivers and in person with photo ID proof that the person is, in fact, who they say they are.

I'm in HR, and I will not discuss anything over the phone concerning a person's application, employment status, or direct deposit payroll information specific to that person. That's for their protection as well as my company's, so I don't open us up to being sued for any variety of reasons stemming from possible identity theft. That includes instances when I generate the contact. In situations like that, we meet in person or I get written signed permission with photo ID.

A disgruntled ex-spouse (or soon to be ex-spouse) is a perfect example of someone who would have that information and who could give it to someone else to pose as the veteran over the phone.

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  • HadIt.com Elder

This is the "out" "A covered entity is permitted, but not required"

Actually, the VA has often been quite difficult to deal with concerning obtaining various records.

I've had to go to a VAMC to get records that my local VA Clinic generated, ad did not want to give me a copy.

(Copies cost time and money)

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Maybe so, Sierra, but just because someone on the phone has your name, DOB, and last four, it doesn't prove that person is actually you. That's why so many offices require waivers and in person with photo ID proof that the person is, in fact, who they say they are.

I'm in HR, and I will not discuss anything over the phone concerning a person's application, employment status, or direct deposit payroll information specific to that person. That's for their protection as well as my company's, so I don't open us up to being sued for any variety of reasons stemming from possible identity theft. That includes instances when I generate the contact. In situations like that, we meet in person or I get written signed permission with photo ID.

A disgruntled ex-spouse (or soon to be ex-spouse) is a perfect example of someone who would have that information and who could give it to someone else to pose as the veteran over the phone.

good points, thanks

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Thats kind of funny though. VA has done FUBAR'ed trying to protect Veteran's information. In my case they have done it twice that I know of. It is a pain, however, these days I think it is necessary. I don't mind going down to the VA to get my records but that is because the VA in OKC is not far from me. I can see how it would be a problem if you lived too far away or were housebound. The eVet website is a good alternative though. The only thing that I don't like is that if you want copy of films or say mRi's that you really have to visit the location in person. But I don't see how your VA clinic could not have access to your records. I'd press the issue for the simple fact that they are YOUR records. Anyways just my two cents. Good luck Sierra.

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  • HadIt.com Elder

Thats kind of funny though. VA has done FUBAR'ed trying to protect Veteran's information. In my case they have done it twice that I know of. It is a pain, however, these days I think it is necessary. I don't mind going down to the VA to get my records but that is because the VA in OKC is not far from me. I can see how it would be a problem if you lived too far away or were housebound. The eVet website is a good alternative though. The only thing that I don't like is that if you want copy of films or say mRi's that you really have to visit the location in person. But I don't see how your VA clinic could not have access to your records. I'd press the issue for the simple fact that they are YOUR records. Anyways just my two cents. Good luck Sierra.

"But I don't see how your VA clinic could not have access to your records"

Treatment records and test results, yes. Other records beyond basic information no.

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