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#730061 - 07/17/08 08:45 PM
Re: Police Went into My Records!
[Re: gr8fulcpa]
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bdit
Threadhead
Registered: 02/23/07
Posts: 893
Loc: Mid South
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Here is a good site to read about HIPAA. http://www.hhs.gov/ocr/hipaa/
It's interesting because it says you can ask that certain individuals such as doctors and nurses not have access to your information, but then it goes on to say the doctor you are seeing does not have to agree to limit access.
It does state that you have the right to know who your information is shared with. It also states that your insurance company or doctor must tell you how they plan to share your information. However, I recently found out that my insurance company is sharing prescription information with all my doctors, and they didn't Notify me they would be doing that. I'm sure if I asked them they would insist they mailed something to me. I can't prove they didn't, and they can't prove they did.
What does HIPAA really do? From what I have seen on the job, it means an employee at an insurance company can't share your information for non-business purposes. It also means you can ask your doctor's office to call you at work instead of home. To be honest, it really doesn't provide much privacy. Read it, and you will see the words most, may, and can used over and over. It leaves a lot of things open.
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#730108 - 07/17/08 10:17 PM
Re: Police Went into My Records!
[Re: mmyp]
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latus0514
Member
Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
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That's very sad for me to hear it is completely legal for them to do this.
Let's say this scenario happened. They were investigating the case as they are right now, and you actually did forge some prescriptions (you, not the pharmacy tech). Could they in this situation press charges against you for prescription fraud even though the investigation was for a different case. I thought if they come across a crime like that they can't do anything about it. Maybe I'm just smoking crack, lol but I thought I heard that somewhere!! 
Does anybody know the answer to this??? I'm just curious
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#730357 - 07/18/08 10:22 AM
Re: Police Went into My Records!
[Re: M4A3]
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Ruggie
GRAND Pooh-Bah
Registered: 03/25/04
Posts: 12354
Loc: Right Here
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Today I learned that the Police were investigating a pharmacists assistant at the local pharmacy where I get a lot of my prescriptions filled. Apparently she was copying prescription that other people dropped off, and filled them for herself. Well, during the Police investigation, the detective called my doctor to see how many prescription he wrote so he could figure out how many the girl at the pharmacy forged. The detective also was given information as to what medications I have been prescribed. All of my medical information was given to this police officer OVER THE PHONE without my knowledge or permission! Now keep in mind I am in no trouble, all of my prescriptions were legal and in good standing. So after hearing of this I contacted two lawyers in my area and they both said that under new HIPA Rules, a police officer can go into a persons medical and prescription records with NO warrant if the officer is conducting an investigation. I cannot describe how violated and angered I am about this. Our personal medical records are supposed to be SACRED. And yet any person who may or may not be a cop can call up a Dr's office and get personal information on people? This is insane! I feel like I am living in the old soviet union. Or communist China. Do the police officers who do these type of things have no morals? Or have they been brainwashed so bad that they think they are above the law. My lawyer is going to check into this further to find out if I can take any legal action at all. If I can sue, I am going to bleed that Police department dry. What do you folks think about this?
Believe it or not, HIPAA does not protect the patient as much as it should. HIPAA protects the doctors more than the patient. So if a pharmacist was doing this with prescriptions, then yes the police or whoever is doing the investigation can get any info about your medical issues.
It is sad but true, they do not need the patients permission when an investigation is going on. Really the thing that HIPAA did for the patients was to make sure that the patient has the right to have copies of their medical records.
I am sorry this happened to you, but as I said HIPAA really does not protect the patient the way we were lead to believe. If you really read the HIPAA act and all it's fine print you will see that.
Sorry if this was posted already, I did not read every one's replies, as usual.
_________________________
Takes a Lickin' & Keeps on Tickin'
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