Did my physician violate HIPAA regulations? - General Health Message Board

Dark Stranger · 03-31-2008, 09:16 PM

I'm not completely sure if HIPAA says anything about this, but here's what went on...

I called my primary care doctor a few weeks ago to ask about what I could do for a chronic cough I'd had. Now, I want to make it known that I'm in college and I'm still on my mother's insurance plan. After calling my doctor, he immediately called my mother and asked her some things.

I did not ask him to call her, nor did I tell him he could do this. But I don't know if this is in violation of HIPAA because I am not on my own insurance plan (although I am legally an adult). I won't pursue legal action against this man because I don't think it's worth the hassle, but I am just curious if he has done something illegal by discussing my medical issues with my mother, even if I still use her insurance plan.

Thoughts?

HipsterDoofus · 03-31-2008, 09:23 PM

Well, first of all you cannot pursue legal action. There are no provisions in HIPAA for the patient to take legal action against the medical provider. You can only file a complaint. The government then investigates and decides whether or not to take any action.

Second, you've probably signed a form at the doctor's office that permitted this sharing of information.

KDD 26 · 04-01-2008, 04:57 AM

I would check with the doctor's office to check if you did sign that form. If not then you have the right to file a complaint against the doctor.

KDD

Phoenix · 04-01-2008, 07:04 AM

Hello DS,

It is perfectly within a physician's rights to ask a family member certain lines of questioning, without being specific.

e.g- does xxxxxx smoke cigarettes?

Your mother may be able to shed some insight into the specificity of said call.

Take care.

Phoenix

feelbad · 04-01-2008, 08:59 AM

no it isn't right. after you reach age 18,your rights are protected from even your parents unless you specifically filed some sort of release stating that she or anyone else had a right to know about anything pertaining to your medical issues. what that doc did WAS very wrong and he HAD to have known that. i have been having to advocate for my son who has suffered from a bi polar disorder then also unfortuently a brain injury,and liver transplant and I his mom who is in every doc visit with him and is in charge pretty much of all his care,cannot obtain any info without him actually signing a document letting me do just that. it IS against the law to disclose anyones(this can even include minors in certain situations) medical info without their writtten or verbal(as long as you are all in the same place) permission. only under certain EMERGENCY types of situations can anyone "be in' on whats going on with any patient,family or not. believe me i have been thru this many times.

i would seriously speak with your doc about his disclosure of your medical info. he knows better than to do this to anyone over 18. and it doesn't matter if your parents are still paying for your insurance or not,none. if he had any questions about you he should have called YOU,not your mother. but your doc NEEDS to know you are not happy with what he did and that you do not want this happeneing again. there is just a right to privacy and supposed to be a certain level of trust between you and your docs. he violated that. good luck with the doc. i personally would consider changing docs since this one obviously feels very comfortable in calling your mom. its kind of up to you ya know? but he DID do wrong here in violating your trust and privacy. depending on how you feel right now,you would be well within your rights to report this doc for those violations. FB