Understanding the HIPAA Law? All Members please chime in.

[Buck52]

Responsibility to act on privacy violations falls both to the VA itself and to the Office for Civil Rights within the Department of Health and Human Services. That's the agency charged with enforcing the Health Insurance Portability and Accountability Act, the federal patient privacy law known as HIPAA

Question and my rights?

I had a Bad VA Staff Dentist to fit me for partials, during the procedure she seem to distraught with bad body language and argumentative and not sanitary (didn't seem to be very clean of her surroundings , she used gloves but before she mixed up the solution mix for my partials she had her gloves on and open some doors and cabinets looking for ''supplies'' I figure (I notice she never changed these gloves

When I ask her about them not fitting right she mention they will fit lose and snap at times I said I have to disagee with you on that  I know how they feel and my other partials never came lose or snap,,,she said well i been doin this for over 20 years and all the partials I even seen would become lose and snap...you just need to get use to wearing them, I said I realize that but are they suppose to hurt? she never answered that.

Anyway I had mention to her about my old partials not fitting properly and were loose  she said Mr Smith your partials will fit loose  that you just need to get use to wearing them I said I realize that Dr  but they snap and when that happens its painful very painful...she said well wear them and get use to them, there not costing you anything(this pissed me off) as she disrespected me.and my fellow Veteran brothers

Further more when she made my partials she never change her gloves after opening desk drawers and supply cabinets looking for supplies,.

she mixed up the substance to make the partials (mold clay) and then she stuck her two for fingers in the mixture and with her other hand she pulled my bottom lip out  way..to much as it was painful,  she started poking the mixture inside my bottom mouth and was rough about doing it, I thought to my self right then  how in the heck are these partials going to fit right when I get them in?

well after she made the molds she sent me out front to confer with the clerks for an appointment to come back and have my partials fitted, At this time the clerks mention to me  Mr Smith  you need to go to the restroom and wipe your mouth off it has the partials mix all over it..embarrassing to me as other veterans and their spouses was looking and listening  eh!!!

Anyway I came back for the appointment on time  to be fitted, This Dentist let a Resident Student do the fitting as she (the staff dentist left the room)..the partials did not fit they were to wide when I close my mouth  and put any pressure on my upper and lower teeth it hurt  the partials where the anchor wire is was going to for down in my gums  without applying any pressure.

 The resident kept going back and forth sanding and filing them about 8 trips...finally I said ok this is ok  there not going to fit right...so I said lets stop  so the resident stop and wrote up her report as what she did making the necessary Adjustments and veteran is ok with them..(Which is not true) I can't even wear these new partials..

Ok here comes the HIPAA Part...I had my spouse to call and cancel my follow up appointment with this dentist, the clerks ask her why? my wife mention to her what I just wrote above and he wants another dentist  he don't like this dentist she was disrespectful and un-sanitary , and refused to listen to him about how the new partials fit  and they hurt just putting them on  besides the dentist mention to my hubby just wear them  they are not coasting you anything   in other words there Free.

This dentist was dis respectful to my husband.

I did check this Dentist Credentials  they seem to be ok As a VA Staff Dentist she has the Proper credentials in this specialty of dentistry. 

Ok the next day this Dentist called my home, we were at the grocery store buying a few grocery's getting ready for this winter blast that was for-cast to hit in a day or so...This  Staff Dentist left a message on my house answering machine ''Mr Smilth this is Dr*****  & I Understand you canceled you appointment with me, and you want to change Dentist? call me Mr Smith  so we can talk/work this out?

My question how did this Dentist Know I wanted to change Dentist? It had to be the clerk my spouse talk to..an that's a violation of the Hippaa Law , (discussing medical information)The Clerk and the dentist must have discussed my medical problem among them self if they discussed it at all...and I am pissed off about it.

Although I went on MyHealthyVet and the dentist had never mention any of the negative things she said to me while doing this procedure...so its my word agianst this dentist  other than what I got a recording of on my answering machine here at the house...this dentist Identified her self too. 

This only about half of the Issues I had with this particular VA Staff Dentist.

I am not out to see that this dentist is reprimanded or get into any trouble..but she does need to change her bed-side Manners  for our future Veterans, and I just want my new partials to fit more comfortable. this is stressing me out and my S.C. PTSD  Anxiety is through the roof to say the least.

Any suggestions from you Hadit Member's what my rights are? and should I keep my request up for another  VA Dentist?

[broncovet]

Buck, I dont see this as a violation of privacy laws.  The "clerk" needs to communicate your needs to the doctor, and both have a "need to know" your health related concerns.  

This said, VA is big time lax on this.  

My wife was "shocked" when she went with me to get a prescription.  At my VAMC, "my name" appears on the tv screen, for all to see, to pick up my prescription.  Have you ever gone to a private pharmacy and seen your name up on a screen that your prescritpion is ready to be picked up?  

I can see it now:  Your neighbor goes to the VA at the same time you are.  He sees your name up on the screen:

"Hey, Joe, your prescription is ready.  Is this for the Viagra, or is this your prostate medications?"

While such a statement would not bother me too much, I can imagine its a nightmare for others.  

Literally "HUNDREDS" if not thousands of VA employees read our file.  Some could be related to us, related to our EX, or have other reasons we dont want them to see our detailed medical or service records.  When we apply for VA benefits, we pretty much have to consent to tell VA every single detail or they deny us.  The only escape is not to apply at all.  

I dont like the VA's nose in my business either.  I dont like it a lot.  But VA regulations make it abundandtly clear, if we dont provide documentation of our disabilities we wont be compensated.  They decide the level of documentation needed, not us.  

I suggest you call the dentist, or patient advocate back and explain, matter of factly, not in a threatening way, your "concerns", explaining your partials dont fit, and why you want another dentist, that you had partials done before and they fit.  The only difference was the provider 

(dentist).  

The VA gets away with poor service, mainly because we dont complain, and, when we do, it goes on deaf ears.  

Remember, YOU dont have to "prove" you were dissatisfied with the service.  You have a right to ask for another provider, I do think you should tell the the reasons, but you dont need to make a debate out of it, and say so:

"I did not get a good result with this dentist.  Others may have, but my partials are uncomfortable, and even after repeated tries, they still dont fit right.  I want another dentist.
 

You can go into specifics about how you were hurt and gloves not changed, etc.  But remember, medical care is not mandantory.  You have choices, make them known, and then end the conversation, but, of course be polite, non threating, and go to the patient advocate if the dentist insists on "pulling you into a debate".

My ex always wanted to debate.  She was a debate coach!!!  Simply state, you dont want to debate the issue, you have tried but you havent gotten a good result and you want to change dentists!!

Remember this:  

The fact that the dentist is arguing with you about it means that others have complained about this dentist also, and she may be under some type of probation..where she is afraid she will lose her job.  

Sometimes, you want to answer questions with questions.  Example:

Q:  What is it you are unhappy with your dental care?

A Why is it you are unwilling to assign me another dentist?  I have already explained my reasons:  The partials dont fit properly! 

There is no law that you have to answer EVERY question anyone asks you.  Its perfectly ok for YOU to ask a question before you decide how to respond!!  

I practice this on telemarkerters:

"Is this Mr. Broncovet?"

"Who is calling?"   You see:  I did not answer their question, but asked another question.  Remember, the person asking the questions has control, and you give them control by answeriing their questions!   I dont give up control, but take it, by asking questions!

This is Sally. 

"Who are you with, Sally, and what is this call about?" 

In telephone sales, they always try to get you to say "yes" 3 times, then you are likely to continue saying yes.

Dont say:

Is this Broncovet? 

Yes. 

Do you live at 111 main street?

Yes. 

Do you have pain now?

Yes. 

Ok, you just allowed the telemarker to take control .  I never do.  Practice answering a question with a question.  

Are you broncovet? 

Why do you want to know?

Do you live at 111 main Street?

Where do you live? 

Do you have pain now?

What business is it of yours as to whether or not I have pain?  Are you a doctor?   

[Buck52]

Roger that Broncovet

good  advise...I'll do the best I can...

wife called the dental clerks  let them know what this Dentist said on our answering machine and they said they will help us get this all straighten out  ,my wife said ok but he still don't won't to speak to this Dentist..he wants another Dentist that will help him get his partials to fit or remake some new ones that will. and of course a better consummating Dr. one that will listen. and actually work with the Veteran.

I do not want to ever see this Dentist again..I tried to let her know these partials did not fit correctly and they hurt so bad I can't wear them...to come in and see this Dentist  for a fitting  that has already been done  this Dr had her chance and she blew it.

This is not for compensation purposes /I just need my teeth so I can eat.and smile occasionally and not be in pain doing that.

I look awful with out my partials in  I am snuggle tooth Buck..LoL

Actually it really never bothered me to see my name up on the VAMC monitors for prescription pick up, it never mention what the prescription was for  ect,,ect,,

   back when I would would see the Dr's and wait to get my scripts...Now all my VA Doc's including my PCP and Speciality Clinics  they give me refills ON Most of my medications 6 months at a time   and pain meds Narcotic II I call the Dr and they have me come in for urine sample I did that once and now I just call the Clinic for refills if I need them. this has been this way now for about 3 or 4 years now.

.Mostly now I order all my prescriptions off MyHealthVet with the exception of narcotic II Pain meds..my wife calls the clinic...Veteran that have a good standing with their VA Speciality Clinics and PCP should have no problems getting their medications...I never have.....>yet anywayz.

Thanks for your reply  I appreciate it.

Edited December 14, 2018 by Buck52