Daughters medical details given out.

[waggy]

about 6 months ago my daughter had a Asthma attack. no big deal we got her on meds and she is doing great.


well today we got a letter from CASTLE (children's Asthma study Treatment Evaluation) and MAP Pharmaceuticals inc. to my wife asking to have my daughter join the research study.

it has a Doctors name and number. i called him and no response.



so I'm a little ticked off. this is a violation of the Heppa (hepa?) laws right? ugh i want to find out who gave the information out.

 

[OutHouse]

im sure you signed something that said "check here if you do not want us to share your info" and didnt see it.

 

[TwiceOver]

Hipaa. And yeah they probably screwed you with a a "Check here if you DON"T want us to spam you" kinda form.

 

[ElFenix]

HIPAA

 

[Turkish]

Originally posted by: Citrix
im sure you signed something that said "check here if you do not want us to share your info" and didnt see it.

yup, happened to me once and mine was much worse. it was something about me allowing insurance companies to call me for quotes. it was fvcked up. good thing i don't live in the u.s. anymore.

 

[waggy]

Originally posted by: Citrix
im sure you signed something that said "check here if you do not want us to share your info" and didnt see it.

nope. talked to the clinic she was seen at. they don't even offer anything like that.

Same with my insurance. they said they don't do it and have nothing on file.

talked with my pharmacy and they said they do not give it out. BUT he did say they give out limited info. such as how many things they sell in a given area. but no names or anything.

he did give me a lot of good information on finding out what i can.

 

[waggy]

Originally posted by: TwiceOver
Hipaa. And yeah they probably screwed you with a a "Check here if you DON"T want us to spam you" kinda form.

hipaa ahh i knew it was something like that.


as for the check box. Nope. so far insurance/doctor/pharmasy have said they don't have anything like that on file also they wouldnt have it.

 

[SlowSpyder]

I know on the privacy agreements I've seen they've all stated that they will give out the information if it is regards to a study, but I thought it also said they are supposed to keep the contact info private. I think all the doctor was supposed to do is give out information like statistics, not first name and last name and medical history/issues, but I could be wrong. At any rate I'd double check the privacy policy that you probably did sign and see what it says.

 

[MaxDepth]

Originally posted by: ElFenix
HIPAA

Health Insurance Portability and Accountability Act of 1996. It took me a long time to remember that and I need to know it for my company.

Essentially, the informed consent from given to you at the drug store would spell out everything.

I need to ask our medical team instead of supplying conjecture at this point. I'll see if they are in tomorrow.

 

[oynaz]

Originally posted by: Citrix
im sure you signed something that said "check here if you do not want us to share your info" and didnt see it.

That should be illegal.

 

[EagleKeeper]

There is a grey area between medical records/history and the fact that a person has an condition.

Grey area can create profits for those that do not believe in black & white

 

[waggy]

Originally posted by: SlowSpyder
I know on the privacy agreements I've seen they've all stated that they will give out the information if it is regards to a study, but I thought it also said they are supposed to keep the contact info private. I think all the doctor was supposed to do is give out information like statistics, not first name and last name and medical history/issues, but I could be wrong. At any rate I'd double check the privacy policy that you probably did sign and see what it says.

yeah.

when my daughter was 5 weeks old she started having seizures. her doctor at childrens hospital told us about a study about infants with seizures and parents with Cerbal Palsy (i have a mild case of it).

he said he couldnt give them oure name or infor without signing something.

even then it was still complicated to get the information to the research group.

 

[SacrosanctFiend]

If you feel your rights have been violated, contact the Department of Health and Human Services Office for Civil Rights (OCR).

http://www.hhs.gov/ocr/contact.html

If you inadvertently signed an authorization, it is well within your rights to revoke it. You must do so in writing.

 

[waggy]

Originally posted by: SacrosanctFiend
If you feel your rights have been violated, contact the Department of Health and Human Services Office for Civil Rights (OCR).

http://www.hhs.gov/ocr/contact.html

If you inadvertently signed an authorization, it is well within your rights to revoke it. You must do so in writing.

oh thank you. will do.


wife is yelling at me now. gotta get running to my daughters T-ball game. though since i hear thunder i doubt she is going to have it heh

 

[robphelan]

a few yrs ago my wife was in a car accident. the guy sued us.

during the lawsuit, they requested med records from my wife's dr's offices.. they just handed them over without a single question.

it had every single bit of her medical history since she was a teenager.

their atty had these records for several weeks to months.

our insurance company's atty was able to get the judge to force their return.

i wanted to sue the hell out of the Drs and the plaintiff's atty.. but my wife has a good relationship w/her Dr and we dropped it.

i'm still upset to this day.

 

[zinfamous]

If it is for a research study, I don't think this is a violation. technically, it would probably be seen as potentially beneficial to your family.

I've had to take limited HIPPA training from working in hospitals, but as I'm not employed as medical personnel, I haven't gone into the details with it.

 

[sutahz]

Originally posted by: waggy
he did give me a lot of good information on finding out what i can.

But hey, may as well post here, am I right?

 

[torpid]

I am pretty sure it's illegal. See here: http://privacyruleandresearch.nih.gov/clin_research.asp and here: http://www.hipaadvisory.com/RE...alprivacy/complete.htm (search for "uses and disclosures for research purposes")

 

[waggy]

Originally posted by: sutahz

Originally posted by: waggy
he did give me a lot of good information on finding out what i can.

But hey, may as well post here, am I right?

sure. i know there are some here in the medical fiels, insurance field etc. why not tap every resource i can?



anyway. got ahold of the person in charge of the research study. he said he got it from a data bank wich he buys from.

he gave me the contact information for it and such. going to give them a call in the morning

 

[Slew Foot]

On an unrelated HIPAA note, we just spent 25K on a new plasma screen to function as our OR board. Unfortuantely, the JCAHO/HIPAA people said that since the screen could be visible by the patients in the recovery area, we could use it as an OR board. So now its a gigantic screen saver.

 

[alkemyst]

Originally posted by: waggy

Originally posted by: TwiceOver
Hipaa. And yeah they probably screwed you with a a "Check here if you DON"T want us to spam you" kinda form.

hipaa ahh i knew it was something like that.


as for the check box. Nope. so far insurance/doctor/pharmasy have said they don't have anything like that on file also they wouldnt have it.

Were you on your drugs when you took her there?

 

[waggy]

Originally posted by: alkemyst

Originally posted by: waggy

Originally posted by: TwiceOver
Hipaa. And yeah they probably screwed you with a a "Check here if you DON"T want us to spam you" kinda form.

hipaa ahh i knew it was something like that.


as for the check box. Nope. so far insurance/doctor/pharmasy have said they don't have anything like that on file also they wouldnt have it.

Were you on your drugs when you took her there?

nope.

anyway whenever we go to the doctor wife is always with me (i always forget something).

Also as i said i called them and they said they don't give out the information without really explaining it to you what/who its going to. (when my daughter was having seizures we did particpate in a study)



ugh this weather is killing me. my hands hurt. wish it would make up its mind if it wants to be summer or winter again.

 

[middlehead]

Originally posted by: zinfamous
If it is for a research study, I don't think this is a violation. technically, it would probably be seen as potentially beneficial to your family.

Rather than an exemption due to the research classification, I'd bet that the 'research firm' who contacted them is a subsidiary or sister company to the facility that's treating her. Whole different bag of marbles if they're technically the same entity.

 

[Joemonkey]

Originally posted by: Slew Foot
On an unrelated HIPAA note, we just spent 25K on a new plasma screen to function as our OR board. Unfortuantely, the JCAHO/HIPAA people said that since the screen could be visible by the patients in the recovery area, we could use it as an OR board. So now its a gigantic screen saver.

Missing an "n't" or " not" in there somewhere?

 

[waggy]

Originally posted by: Slew Foot
On an unrelated HIPAA note, we just spent 25K on a new plasma screen to function as our OR board. Unfortuantely, the JCAHO/HIPAA people said that since the screen could be visible by the patients in the recovery area, we could use it as an OR board. So now its a gigantic screen saver.

yeah the locla ER has those. its nice since you know exactly what is going on whith whoever is getting looked at. i think it looks nice and cleans up the place.