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#729982 - 07/17/08 06:46 PM Police Went into My Records!
M4A3 Offline
Veteran


Registered: 12/16/03
Posts: 578
Loc: Pennsylvania
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?
_________________________
A truly wise man knows his limitations.

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#729987 - 07/17/08 06:50 PM Re: Police Went into My Records! [Re: M4A3]
latus0514 Offline
Member


Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
I'm sorry to hear that M4A3. I would switch pharmacies completely if that ever happened to me and never use them again.

It is completely ubsurd they can pry at your medication records with NO search warrent... whether they are investigating the case of the century or not. Completely unethical in my book

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#729990 - 07/17/08 06:51 PM Re: Police Went into My Records! [Re: latus0514]
latus0514 Offline
Member


Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
And I would seek legal action, I don't know the specific laws on this, but my gut feeling is they broke the law somewhere along the line. I am no lawyer so don't quote me on that!

And bleed them to death if you find out you do have a case against them!

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#730002 - 07/17/08 07:08 PM Re: Police Went into My Records! [Re: latus0514]
pbird Offline
Banned. Using our PM system to promote and solicit for email source..
Member


Registered: 08/22/07
Posts: 100
i hate cops..sue, sue, sue if you can.

also, find out the name of the detective that went and got your medical records. call the department and file a report on him. it doesn't matter if he was 'within' his rights or not as a pig. all reports are kept on an officers record, and whether it is valid or not it will be reviewed many tims during his career. every single time he is up for a a raise, a new grade, etc..that little report will be there! the fun part is that report you file can keep him from getting his next raise!!! stick it to the pigs whenever you get a chance.

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#730005 - 07/17/08 07:11 PM Re: Police Went into My Records! [Re: latus0514]
fnctionlfool Offline
Stranger


Registered: 06/26/08
Posts: 23
Loc: Michigan
My girlfriend works at a hospital so she knows all about HIPA and she says that is completely legal! I am angry about this too! I had no idea that could happen so easily.

It is absurd and disgusting how crappy our "land of the free" has become. Just one more reason why we should all be buying drugs over the internet.

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#730034 - 07/17/08 07:57 PM Re: Police Went into My Records! [Re: fnctionlfool]
gr8fulcpa Offline
Veteran


Registered: 02/12/07
Posts: 606
Loc: Gamehendge
It's HIPAA not HIPA or HIPPA Health Insurance Portability and Accountability Act. The cop was just doing his job if you don't like the law then fight to change it but don't go after some poor guy who is just doing his job trying to make a living trying to support his family.

That being said i agree that HIPAA although enacted to supposedly protect our Private Health Informatin (PHI) has actually in some instances made our PHI less protected. Please remember that as soon as the pharmacy was investigated the police had access to all of your prescription history as this information would have been at the pharmacy the officer contacted your physician to verify the info obtained at the pharmacy. Also if your state has a PMP (Perscription Monitoring Program) then law enforcment has access to your prescription history any time they want it.

Don't get me wrong I am not neccessarily agreeing with the laws just explaining them.
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#730037 - 07/17/08 08:03 PM Re: Police Went into My Records! [Re: gr8fulcpa]
M4A3 Offline
Veteran


Registered: 12/16/03
Posts: 578
Loc: Pennsylvania
I understand that your not supporting the laws and just clarifying them for us.

But you weren't correct about me going after the police officer personally.
I said that I would "bleed the department dry" not the officer.

As far as the officer doing his job. To me "just doing my job" is not an adequate excuse to violate my rights.
I was a police officer for a few years, and when I was sworn in I had to abide and protect the constitution of the united states.
This officer may be following a law, but he's defying the constitution. Now, I know that the constitution doesn't say anything about our medical records. But it does say a few things about warrants.
_________________________
A truly wise man knows his limitations.

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#730041 - 07/17/08 08:09 PM Re: Police Went into My Records! [Re: M4A3]
gr8fulcpa Offline
Veteran


Registered: 02/12/07
Posts: 606
Loc: Gamehendge
This law has already been deamed constitutional so while i do not agree with the law the officer is doing nothing wrong by using it to obtain information.
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#730048 - 07/17/08 08:29 PM Re: Police Went into My Records! [Re: gr8fulcpa]
Bluefairy Offline
Threadhead


Registered: 06/27/07
Posts: 836
Unfortunately that is correct.

People think this protects your information. I would advise you to read it, it does state that they can release your medical information without a warrant whenever an investigation is being done, even if it is not you being investigated. It lists several ways your information can be released without your permission, notification, or a warrant.

It has already been declared constitutional.
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#730061 - 07/17/08 08:45 PM Re: Police Went into My Records! [Re: gr8fulcpa]
bdit Offline
Threadhead


Registered: 02/23/07
Posts: 893
Loc: Mid South
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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#730080 - 07/17/08 09:10 PM Re: Police Went into My Records! [Re: Bluefairy]
M4A3 Offline
Veteran


Registered: 12/16/03
Posts: 578
Loc: Pennsylvania
Ok, it may have been declared constitutional but we all know it shouldn't be.
_________________________
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#730087 - 07/17/08 09:20 PM Re: Police Went into My Records! [Re: M4A3]
ff66 Offline
Journeyman


Registered: 08/08/07
Posts: 61
M4A3, Are you upset he went through your records, or the fact that he did it over the phone without properly identifying himself? Also, if I may ask, how do you know this was conducted over the phone only?

ff


Edited by ff66 (07/17/08 09:21 PM)

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#730100 - 07/17/08 10:06 PM Re: Police Went into My Records! [Re: bdit]
mmyp Offline

Pooh-Bah


Registered: 02/20/06
Posts: 1481
Perhaps you could sue the doctor/insurance company for violating the notification requirement. They certainly could have sent a signature required form with the letter. many insurance companies had to do this when a person was not covered anymore. What is good for the goose whould be good for the gander.
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#730108 - 07/17/08 10:17 PM Re: Police Went into My Records! [Re: mmyp]
latus0514 Offline
Member


Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
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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#730116 - 07/17/08 10:29 PM Re: Police Went into My Records! [Re: latus0514]
mmyp Offline

Pooh-Bah


Registered: 02/20/06
Posts: 1481
A crime is a crime whether they were looking at someone else and discovered your criminal activities.
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#730131 - 07/17/08 10:56 PM Re: Police Went into My Records! [Re: mmyp]
latus0514 Offline
Member


Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
I just thought in a case where it involves medical records or what not it was different. Now I know if a cop comes to your house investigating your roomate on something and sees some pot you have on the table they can take you in on that. I might be getting something else mixed up
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#730133 - 07/17/08 11:03 PM Re: Police Went into My Records! [Re: latus0514]
GinaDR Offline
Veteran


Registered: 04/01/08
Posts: 687
HIPAA was not designed with the patient in mind. More for the insurance companies. Oftentimes when you have any claim through your insurance you are required to sign a release of your info over to them, as well as in many other instances. And yes, it has a lot of holes in it, and always has.
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#730201 - 07/18/08 05:00 AM Re: Police Went into My Records! [Re: ff66]
M4A3 Offline
Veteran


Registered: 12/16/03
Posts: 578
Loc: Pennsylvania
 Originally Posted By: ff66
M4A3, Are you upset he went through your records, or the fact that he did it over the phone without properly identifying himself? Also, if I may ask, how do you know this was conducted over the phone only?

ff


I was notified by my doctors office about the whole thing around 4:30pm yesterday. She said that she had to Notify me if anyone had looked into my records.
She made it clear that I was in no trouble, but that doesn't take away the fact that I am creeped out by some police officer or whole department reading over my records.

It seems to me that there would have been some sort of protocol added to the HIIPA that I be asked permission if Im not the suspect in a crime.
But I guess not.

And stupid me, I thought we still had some privacy.
_________________________
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#730214 - 07/18/08 05:55 AM Re: Police Went into My Records! [Re: M4A3]
gr8fulcpa Offline
Veteran


Registered: 02/12/07
Posts: 606
Loc: Gamehendge
I am curious...how do you know that the police officers identity was not verified?
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#730229 - 07/18/08 06:43 AM Re: Police Went into My Records! [Re: gr8fulcpa]
RNB007 Offline
Veteran


Registered: 04/16/08
Posts: 500
Loc: SE US
So I can call a Dr's office and say Hello I am Officer Joe Blow we have an investigation going on at the CVS on 123 street and I need to know what you prescribed Jane Doe and how many times etc because we have a pharmacy tech who is under investigation for forging and copying prescriptions.

I know a few friends and where they get their med's filled and I can look up an officer and get his badge # and call ...blah blah...If they did that OVER the phone with no verification I would be SHOCKED!
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#730314 - 07/18/08 09:21 AM Re: Police Went into My Records! [Re: mmyp]
funbag Offline
Veteran


Registered: 05/30/06
Posts: 626
 Originally Posted By: mmyp
A crime is a crime whether they were looking at someone else and discovered your criminal activities.


Not true actually. If a cop had a warrant to search 100 main street and went inside and found 100 kilos of cocaine and it was found out later that the police typed up the wrong address on the warrant, gave it to a judge to sign and the warrant should have said 102 main street then that warrant would be meaningless and the people at 100 main street could not be charged.

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#730346 - 07/18/08 10:08 AM Re: Police Went into My Records! [Re: funbag]
latus0514 Offline
Member


Registered: 05/20/08
Posts: 180
Loc: Midwest, USA
 Originally Posted By: funbag
 Originally Posted By: mmyp
A crime is a crime whether they were looking at someone else and discovered your criminal activities.


Not true actually. If a cop had a warrant to search 100 main street and went inside and found 100 kilos of cocaine and it was found out later that the police typed up the wrong address on the warrant, gave it to a judge to sign and the warrant should have said 102 main street then that warrant would be meaningless and the people at 100 main street could not be charged.


That's what I thought... that was what I was trying to get at with my other posts...

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#730357 - 07/18/08 10:22 AM Re: Police Went into My Records! [Re: M4A3]
Ruggie Offline
GRAND Pooh-Bah


Registered: 03/25/04
Posts: 12354
Loc: Right Here
 Originally Posted By: M4A3
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.
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#730367 - 07/18/08 10:33 AM Re: Police Went into My Records! [Re: RNB007]
gr8fulcpa Offline
Veteran


Registered: 02/12/07
Posts: 606
Loc: Gamehendge
 Originally Posted By: RNB007
So I can call a Dr's office and say Hello I am Officer Joe Blow we have an investigation going on at the CVS on 123 street and I need to know what you prescribed Jane Doe and how many times etc because we have a pharmacy tech who is under investigation for forging and copying prescriptions.

I know a few friends and where they get their med's filled and I can look up an officer and get his badge # and call ...blah blah...If they did that OVER the phone with no verification I would be SHOCKED!


The physician's office still has a responsability to verify the identity of the officer. Yes the police can obtain the information without your permission but the physican's office has to verify they are giving the info to an actual police officer for the purpose of an investigation or they would be in violation of the law. So I agree I highly doubt this information was given over the phone without proper identification verification.


Edited by gr8fulcpa (07/18/08 10:34 AM)
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#730381 - 07/18/08 10:42 AM Re: Police Went into My Records! [Re: gr8fulcpa]
genethebean1 Offline
GRAND Pooh-Bah


Registered: 01/08/07
Posts: 2626
Loc: OBAMA '08!!
 Originally Posted By: gr8fulcpa
This law has already been deamed constitutional so while i do not agree with the law the officer is doing nothing wrong by using it to obtain information.


Yep - and I think we can place partial blame in the "patriot act". We all need to find to get our privacy restored. 9/11 is no excuse for the invading the privacy of american citizens. In fact, this is one are where I'm a bit upset at Obama - I still don't understand why he voted for FISA and telecom immunity.

Unfortunately, M4A3, you probably won't prevail in a law suit against the polic dept. However, you may have some recourse against your doctor for giving out your information over the phone without verification that he was speaking to a law enforcement official.
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#730385 - 07/18/08 10:46 AM Re: Police Went into My Records! [Re: genethebean1]
M4A3 Offline
Veteran


Registered: 12/16/03
Posts: 578
Loc: Pennsylvania
 Originally Posted By: genethebean1
 Originally Posted By: gr8fulcpa
This law has already been deamed constitutional so while i do not agree with the law the officer is doing nothing wrong by using it to obtain information.


Yep - and I think we can place partial blame in the "patriot act". We all need to find to get our privacy restored. 9/11 is no excuse for the invading the privacy of american citizens. In fact, this is one are where I'm a bit upset at Obama - I still don't understand why he voted for FISA and telecom immunity.

Unfortunately, M4A3, you probably won't prevail in a law suit against the polic dept. However, you may have some recourse against your doctor for giving out your information over the phone without verification that he was speaking to a law enforcement official.



Thats a shame, because this was one of the few caring doctors i have ever had. I wont sue the Dr. But I think I may talk to him and put it in writing that he gave my information over the phone which is illegal.
If he values his practice at all, he may not want to do that again.

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#730428 - 07/18/08 11:29 AM Re: Police Went into My Records! [Re: M4A3]
gr8fulcpa Offline
Veteran


Registered: 02/12/07
Posts: 606
Loc: Gamehendge
You still have not answered my question...How do you know the information was given without verification?
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