HIPAA First Hand Experience Today

I took my 80-something year old mother for carpal tunnel surgery this morning and have spent most of the day doing a son's duty related to that. She received four sets of HIPAA privacy notice papers at different points in the hospital process. We were finally asked by a man to 'follow me'. He led us into a room that was a hallway of those little waiting rooms where one puts on a gown and they snatch the chained hanging sheet closed so the anesthesiologist can come by, etc. Outside the row of waiting cells or holding tanks was a long row of huge sleeper recliners against the wall for family to have a seat in. The guy who said 'follow me' handed me another HIPAA privacy paper and said to us, "You know how these new HIPAA rules are". Then he told her to have a seat right in the middle of this long row of other assorted bodies, some patients, some relatives.

He scrunched down at her knee and started reading off his lengthy questionnaire. "Have you had prior surgeries? What are your allergies? When was your last period? (I think she said 30 years ago). What medications are you taking and for what? Do you have blood pressure problems? Have you recently taken street drugs? When was your last BM? (I think that one even embarassed me. I'd never thought of my mother in that context). Do you have any disabilities? Are you an organ donor? Epileptic seizure history? Any operations to remove any sort of tumor, ever? I could not resist! When he finished his public questionnaire and got through getting all sorts of clarifications about her health issues, I said to him and the whole room full of people, "What you have just witnessed here is a direct violation of the HIPAA regulations and a violation of laws that are prohibited in all those papers you hold in your hands about confidentiality and privacy." I had already assessed in my own mind that this guy would have no role in the surgery and had no way to retaliate and I had no plans to ask him to get me a cup of water. (I guess I take the Forum with me wherever I go.)

Comments

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  • That is just incredible; I'm shaking my head.

    I hope your mother does well with the surgery.
  • It is unbelievable to me. We went to pick up private medical records with my mom and they didn't ask for any kind of ID or anything. Just handed them right over. Crazy!

    On a side note, I hope the surgery went well!!
  • Just yesterday, our worker's comp provider "faxed" me a return to work certificate for one of my employees, with 2 additional pages of pre-op instructions on 2 different patients. Coincidentally, one was a board member. So much for compliance. (I called the office, to let them know so that they could get the instructions to the OR staff, and told her I would run them through the shredder. Response - "cool"!) x:o

    Hope your mom is doing well Don. You are a good son!
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-27-03 AT 09:31AM (CST)[/font][p]Not that it makes it any more acceptable, but aren't WC issues exempt from the HIPPA privacy stuff? I'm glad you brought it to his attention Don.
  • I experienced just the opposite! On Thursday, my sister went in for surgery on her neck. All day I tried to find out how she was, response was...sorry we can't do that. Finally they did tell me she was in surgery but that was it. I decided on Friday, that I would drive to Philadelphia to visit my sister (45 minute drive without traffic and this being a holiday weekend). I called the hospital to see if she was being discharged...sorry can't tell you that. FINE!!!! I gathered my oldest sister up and we drove 45 minutes to Philadelphia, paid $5 to park, walked a block in the pouring rain, checked in at the visitors desk, went to her room...NO SISTER! She had been discharged! So, back to the car we went, drove back home (I was mad by this time so it only took me a 1/2 hour) to see my sister who only lives 10 minutes from my house to begin with. I figure we took the scenic route through Philly!
  • I had a similar experience with sad results. An elderly friend of ours ("ours" meaning two close friends) was admited to a major area hospital for shoulder replacement surgery right after 4/16. She has had a love/hate relationship with her family so while we've heard names we've never met them. They live about an hour away. One of my friends called the night she was admitted, and talked to her but she was extremely disoriented. When my friend called back the next day she wasn't in her room ("tests"). She called later and there was no answer. She started calling the nurse's station and patient information and kept getting stonewalled. "With the new privacy laws we can't give out any information, can't confirm she's here, call the immediate family." Three days of this and my other friend was frantic, especially when someone said "You have to speak to the next of kin." My friend went to the hospital and camped out until someone on staff (a counselor) called her at the reception area and said "you didn't hear it from me, I'm not allowed to discuss officially, but your friend passed away several days ago."
    My friend headed home, checked in by cell phone, to learn that someone from the hospital had called her house and left a message with her 13-year old daughter that her friend had died (!). When we went to the wake and met the family, it was a relief to know that they at least had been on hand, but since they didn't know us and we didn't know them, we didn't get notified of her death.
    This story has caused everyone i've spoken with to vow to have instructions available about informing folks of their condition if they're in the hospital. Clearly this hospital had not yet figured out how to handle dispensing information to the public, and they certainly heard from us how they botched this. Something as simple as getting permission from the family to refer inquiries to one of them would have made all the difference. I'm guessing they have something better in place now.


  • I took my 83 year old mom in for a heart procedure to see if there was blockage. We also got the HIPAA privacy info on the way in. In the outpatient area there are at least 10 beds and a huge board that lists what each person is in for. So much for privacy!
  • Unfortunately, this is how the "system" works (or doesn't). Until we as consumers begin to respond directly to the healthcare providers (I do) re their customer services, they will not change.
    I am a cancer patient and to this day, my attending physician only gives me "needs to know" information. I have begun to question why certain results/tests are given and the results, including medications.
  • Don, you gotta tell us....What was the response from this guy after you said that??

    ps...Hope all went well with the surgery...
  • You guys...I can tell you from a healthcare perspective that HIPAA is a big pain in the A______!. I feel so sorry for the elderly people who have to be put through this junk, along with their family members.

    My mom who is the caretaker for my dad called to get a test result for him and was told nothing could be told to her over the phone. She had to get off work, go home, bundle up my dad and take him to the doctor's office to sign some privacy papers in order to get a test result she had gotten a dozen times before.

    On the flip side,I called my primary care physician and told the office staff I wanted to make sure I had signed privacy papers for my husband and he had signed them for me. They really didn't know what I was talking about. I faxed them a copy of the release that we have our patients sign. My husband had an appointment that day and our doctor told him to tell me not to worry...if I needed to know something about my husband...she'd damn well tell me! (I like her style!).

    Anyway....I am sure we have not heard the last of these regulations being modified, which I hope will be for the better.
  • And to think all of this madness started over that passage in Jennifer Flowers' book referring to BC's as 'a little one'.
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