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Arkansas

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tbob69

Junior Member
HIPAA violations

What is the name of your state? Arkansas

This may sound a little wierd, but I will do the best I can to explain. I was involved in an Motor Vehicle Accident late last year. My employer is the ambulance service that transported my wife and myself. I recently asked for a copy of our patient care reports to maintain for our own records. During the time I was out for my injuries (almost 8 months), 60% of our company was purchased by a larger ambulance service. I had to contact their main office in my state for the information. I requested that it be sent to me. Instead, the secretary from the main office faxed it to my boss and then called to discuss my requesting it. I never received the copy of the one sent to my boss. At one time he did tell me he wanted to talk to me but that what he needed to talk to me about he had at home in his briefcase. I never received that copy. After almost two months of waiting for it to be sent to my house (I didn't feel it needed to go to my work since it was none of my coworkers business that I had requested it), I finally filed a HIPAA complaint with our main office for the fact that I had never received one and had been lead on after numerous phone conversations and told it was being sent. I only wanted a copy of our care reports. I finally received a copy from the President of the Companies daughter who was filling in as compliance officer while her husband was out of state. She also works for the company. When I finally got a copy of our reports, they also sent a copy of the screen displays that they had entered for billing purposes. There were numerous mistakes on the displays. I informed them of that to which they got rude about. They have still not given me the original copies that I suspect my immediate boss (The President's son) took home with him. The inaccuracies have never been fixed on the billing screens. Also the President of the company was up one day and took me aside and told me to stop sending letters to the main office and that his daughter wouldn't back down if it came to a fight. My question is, have they violated my HIPAA rights for the following reasons: 1. Having faxed our care reports to our office where they could have sat for hours before picked up (A common occurance with faxes). 2. For my immediate boss having taken them home with him where who knows how many guests could have seen them. (my boss is single and in his early 20's). 3. For not fixing the irregularities within 60 days of request to do so (it is posted in our companies HIPAA policies that they will do so). 4. The discussion by what seems to be my bosses entire family about me for no real reason. 5. How can this affect me as an employee of this company. 6. What do I do now? All this has arisen from me just asking for a copy of our runforms.

Please do not make the assumption that I am seeking to sue them. I am not seeking rude replies that do not address the issues raised.

Thanks
 
Last edited:


ellencee

Senior Member
What is the name of your state? Arkansas

This may sound a little wierd, but I will do the best I can to explain. I was involved in an Motor Vehicle Accident late last year. My employer is the ambulance service that transported my wife and myself. I recently asked for a copy of our patient care reports to maintain for our own records. During the time I was out for my injuries (almost 8 months), 60% of our company was purchased by a larger ambulance service. I had to contact their main office in my state for the information. I requested that it be sent to me. Instead, the secretary from the main office faxed it to my boss and then called to discuss my requesting it. I never received the copy of the one sent to my boss. At one time he did tell me he wanted to talk to me but that what he needed to talk to me about he had at home in his briefcase. I never received that copy. After almost two months of waiting for it to be sent to my house (I didn't feel it needed to go to my work since it was none of my coworkers business that I had requested it), I finally filed a HIPAA complaint with our main office for the fact that I had never received one and had been lead on after numerous phone conversations and told it was being sent. I only wanted a copy of our care reports. I finally received a copy from the President of the Companies daughter who was filling in as compliance officer while her husband was out of state. She also works for the company. When I finally got a copy of our reports, they also sent a copy of the screen displays that they had entered for billing purposes. There were numerous mistakes on the displays. I informed them of that to which they got rude about. They have still not given me the original copies that I suspect my immediate boss (The President's son) took home with him. The inaccuracies have never been fixed on the billing screens. Also the President of the company was up one day and took me aside and told me to stop sending letters to the main office and that his daughter wouldn't back down if it came to a fight. My question is, have they violated my HIPAA rights for the following reasons: 1. Having faxed our care reports to our office where they could have sat for hours before picked up (A common occurance with faxes). 2. For my immediate boss having taken them home with him where who knows how many guests could have seen them. (my boss is single and in his early 20's). 3. For not fixing the irregularities within 60 days of request to do so (it is posted in our companies HIPAA policies that they will do so). 4. The discussion by what seems to be my bosses entire family about me for no real reason. 5. How can this affect me as an employee of this company. 6. What do I do now? All this has arisen from me just asking for a copy of our runforms.

Please do not make the assumption that I am seeking to sue them. I am not seeking rude replies that do not address the issues raised.

Thanks
I see absolutely no HIPAA violation.

1. Having faxed our care reports to our office where they could have sat for hours before picked up (A common occurance with faxes).
There is nothing wrong with a copy of your records being forwarded to you, via fax, at your place of employment. As long as the fax had a cover sheet, it meets HIPAA's requirements.

2. For my immediate boss having taken them home with him where who knows how many guests could have seen them. (my boss is single and in his early 20's).
Pure conjecture; totally irrelevant.

3. For not fixing the irregularities within 60 days of request to do so (it is posted in our companies HIPAA policies that they will do so).
HIPAA does not grant you the right to amend your records but grants you the right to request an amendment to your records. You are only entitled to request and to be given a written notice of why your requested amendments are not being made. Your company can not supercede HIPAA.
4. The discussion by what seems to be my bosses entire family about me for no real reason.
You listed no one who is without the right to review and discuss your records.
5. How can this affect me as an employee of this company.
It can make you appear grossly immature and a liability to the company.
6. What do I do now? All this has arisen from me just asking for a copy of our runforms.
Obtain a copy of your ER records; the runforms are a part of those records. Look for another job. Apologize to your employers if you wish to remain employed and look for another job just the same.

Please do not make the assumption that I am seeking to sue them.
OK; and even if I did, you can't as you have no legal claim on which to sue.

I am not seeking rude replies that do not address the issues raised.
That always translates into "don't answer if you aren't going to agree with me." Call me rude; I can't agree with your complaints because I base my answers on fact.

EC
 

tbob69

Junior Member
HIPAA violation

EC -

Could you please reference your qualifications for the reply you gave.

The fact is that the documents were taken home by my boss. I still have not received the copies he took home with him. My boss is a single gay male in his early 20's (I don't have a problem with that, I have plenty of friends who are gay). He has on previous occasions brought his male companions to the office and then taken them to his apartment. These individuals do not have a right to see this information.

I sought the opinions of an actual attorney today and he said that we have a slam-dunk case against my employer. He also stated that I had clear grounds for filing a complaint with the federal government. As for altering the information, if the information is incorrect, they have 60 days to correct it or give you a legitimate explanation as to why they have not. So, what every your qualifications are, your reply is incorrect.

As for not wanting replies from some individuals, I have not problem with true constructive advice. What I have a problem with is someone who wants to act childish on this website as is apparent from some of the other posts I've read before.

Thank you;

t
 

tbob69

Junior Member
HIPAA Violations

EC - nevermind, I looked up your profile. Your an RN. I am so impressed with your lack of true legal knowledge other than what your hospital has taught you. I guess you would disagree with me, but a real attorney advised me other than you did.

Thanks.
 
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