Outside Provider HIPAA Violation

[green]

Has anyone taken action against a private provider regarding the improper sharing of medical information with the VA?  I recently went to see a private cardiologist for some tests on my ticker.  I told the office staff 3 times each during two appointments NOT to share my information with the VA.  Yep, you guessed it, they sent copies of the doctor notes and evaluative tests to the VA without my permission.

Green

[lotzaspotz]

I'd have to check to make sure, but I don't believe there is any monetary award payable to the complaining party in a HIPAA complaint.  Now, if you suffered some measureable damage or loss, hiring an attorney would be in order and you could sue.  At this point, there is no discernible damage as you've described the situation -- yet.

You may want to speak to an attorney yourself before you make any agreement with them if you're considering a financial settlement instead of filing a complaint.  It sounds like they won't be seeing you again as a patient.  If it were I considering settling with them in lieu of a complaint, I would have a lawyer contact them and do my talking for me.  Otherwise, if you feel you should file a complaint on principle, you have six years to do it.

Of course, get copies of any records you have there before you get too far down either road you choose.  

As as for self-reporting, the fact that they asked you to name a price to keep quiet tells me that they may not self report if they settle with you financially.  JMO.

 

 

 

Edited September 10, 2015 by lotzaspotz

[lotzaspotz]

By the way, don't let them try to push you into a corner to make a decision by their giving you a week to think about it.   You have a six-year window, but like I said, they may want to know what you plan to do before deciding whether to self report.  You're sure that was a veiled attempt to get you to tell them how much money it would take to make the problem disappear?  

[green]

I sincerely believe they will self report as there is much to lose otherwise.  I also expect that they feel bad about their mistake and want to make it right as best they can.  Word of mouth can be damaging, there is potential to lose a lot more than money.

[lotzaspotz]

Yes, I'm sure they feel badly but at the same time are sweating this out because it is a business, after all.  There won't be any "word of mouth" if you settle with them because settlements normally include your written agreement not to discuss the grounds or terms with anyone.  That's why I suggested that if you're considering something like that, you get an attorney involved.  Again, I guess this all hinges on how you feel about all this and what you will accept as amends vs. filing a formal complaint that stands on its own merit, since I don't think you can be awarded any compensation.

I'm very sorry this happened to you.  Hopefully, no damage has been done.

[green]

Found out this morning that the VA provided the HIPAA violation related doctor office notes and results of tests to the RO rating officials.  Very interesting as it has nothing to do with the secondary claims I've filed.  The Doctor's office hired an attorney to represent their interests (even though I gave no indication I had planned on seeking legal action at this time).  The attorney asked me to provide her names of the people I spoke with at the doctor's office as well as copies of any documents I had proving their error.  I find this bizarre as we are not in a legal battle and as such they have no "discovery" rights.  I simply responded to the email and suggested she speak with the HR person who told me they had conducted an internal investigation, they were sorry, and admitted they had made the error (twice).

[Buck52]

Heres another thing...about the VA Choice card

 

VA sent me a letter and said they can't get me appointment within 30 days for a sleep study  so they sent me a letter and asking me to call this Number, my spouse called for me and that number is just a referral  service to find a private clinic close to my address that will accept the VA choice program ''sleep study''...well that's fine ,  but  in my opinion  look at how many times my Name & SS number has been broadcast over the internet or phone lines... that worry's me.

maybe I a bit paranoid   eh!

 

.........Buck