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Doctor violated HIPPA?

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CONNECTICUT> Can a pain management doctor diagnose and prescribe over the phone? Also, is he allowed to fire me as a patient if I refuse to take medications that are addictive and that none of my other doctors think I should be on?
I was in terrible pain from tarsal tunnel syndrome. (in my ankle) Over the phone, (he told me not to tell the insurance company about the PHONE APT) he decided I was "depressed" and prescribed CYMBALTA. He called it into CVS. He called 3 times asking: "did you fill it yet?" I finally filled it and then met with my primary care doctor and the podiatry surgeon. Neither of them thought I was depressed, just frustrated waiting for a diagnoses. They both told me not to take CYMBALTA as did the pharmacist.(The pharmacy wrote "COUNSEL" on the bag and told me this drug comes with many warnings and side effects one being addictive. It is very addictive and has horrible side effects. It says it on the CVS bag and when you google it, WOW, horrible! :eek:

When I met him at his office, he said I was not in compliance with the contract he makes all of us sign, and for me to find another doctor. BTW: I also refused to take OXYCONTIN 20mg 3 x's a day. The other two doctors were elated that I was not taking that dangerous narcotic 3 x's a day, as prescribed.
I think he is a legalized drug pusher and is angry he is not getting as much of a kick-back from the pharmaceutical companies. He makes everyone bring in the bag from the pharmacy to prove we filled it AND we all have to come every single month just to pick up the prescription. Most doctors just write a few refills, and have you see them 2-3 times a year.
Can he: 1) fire me without allowing me to find someone else? (he has given me no written notice and gave me another appointment) 2) prescribe over the phone? 3) diagnose over the phone?
I found a doctor that handles my workers comp injury from 10 years ago. He said if I get down to 15 mgs of oxycodone he "might" prescribe for me. He thinks that 30 mgs of oxycodone is way too much and I need to wean to a lower dose as his office NEVER prescribes that high of a dose. He also said that "Dr. Death" cannot just fire me, there are rules to follow and he can get into trouble. He would not comment on the phone appointment or prescribing over the phone, so here I am asking any of you! Thanks for some answers or comments~ ;)What is the name of your state (only U.S. law)?
 


lealea1005

Senior Member
Can he: 1) fire me without allowing me to find someone else? (he has given me no written notice and gave me another appointment) 2) prescribe over the phone? 3) diagnose over the phone?

1. The Physician must agree to treat you in an emergent situation for 30 days to give you enough time to find another Physician....UNLESS...your signed contract states differently. However, you already stated you were seeing 2 other Physicians (PCP Podiatry).

2. Yes.

3. You were an established patient he was already treating for pain. He had a phone consultation and added a medication. Cymbalta treats depression/anxiety and also helps people who have post surgical or diabetic neuropathy and fibromyalgia. As with ANY medication, there are side effects and warnings.

ETA: what you described is not even close to being a HIPAA violation.
 
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Hippa

I already am on (2) medications for neuropathy, (LYRICA & NEURONTIN) which is why CVS and my primary care doctor plus a doctor giving me burser injections told me NOT to take it. Depression was his reason for prescribing it. All of them said, I was NOT depressed.

The other (2) doctors and a medical assistant in their office told me it was a HIPPA violation.

Why did he tell me: "Do not tell the insurance company I am giving you an appointment over the phone", if he is doing nothing wrong?

He only stated verbally to "look for another prescriber", after I flat out told him I am not going to take OXYCONTIN and CYMBALTA.

I also called the HEALTH DEPARTMENT. A patient has the RIGHT to refuse a medication without being "fired". I called yesterday, before I read this answer you printed.

Thanks anyway~
 

cbg

I'm a Northern Girl
There is no such thing as a HIPPA violation.

There are, however, HIPAA violations.

If you're going to spew your opinions all over the internet, at least learn to spell them correctly.
 

barry1817

Senior Member
medical

CONNECTICUT> Can a pain management doctor diagnose and prescribe over the phone? Also, is he allowed to fire me as a patient if I refuse to take medications that are addictive and that none of my other doctors think I should be on?
I was in terrible pain from tarsal tunnel syndrome. (in my ankle) Over the phone, (he told me not to tell the insurance company about the PHONE APT) he decided I was "depressed" and prescribed CYMBALTA. He called it into CVS. He called 3 times asking: "did you fill it yet?" I finally filled it and then met with my primary care doctor and the podiatry surgeon. Neither of them thought I was depressed, just frustrated waiting for a diagnoses. They both told me not to take CYMBALTA as did the pharmacist.(The pharmacy wrote "COUNSEL" on the bag and told me this drug comes with many warnings and side effects one being addictive. It is very addictive and has horrible side effects. It says it on the CVS bag and when you google it, WOW, horrible! :eek:

When I met him at his office, he said I was not in compliance with the contract he makes all of us sign, and for me to find another doctor. BTW: I also refused to take OXYCONTIN 20mg 3 x's a day. The other two doctors were elated that I was not taking that dangerous narcotic 3 x's a day, as prescribed.
I think he is a legalized drug pusher and is angry he is not getting as much of a kick-back from the pharmaceutical companies. He makes everyone bring in the bag from the pharmacy to prove we filled it AND we all have to come every single month just to pick up the prescription. Most doctors just write a few refills, and have you see them 2-3 times a year.
Can he: 1) fire me without allowing me to find someone else? (he has given me no written notice and gave me another appointment) 2) prescribe over the phone? 3) diagnose over the phone?
I found a doctor that handles my workers comp injury from 10 years ago. He said if I get down to 15 mgs of oxycodone he "might" prescribe for me. He thinks that 30 mgs of oxycodone is way too much and I need to wean to a lower dose as his office NEVER prescribes that high of a dose. He also said that "Dr. Death" cannot just fire me, there are rules to follow and he can get into trouble. He would not comment on the phone appointment or prescribing over the phone, so here I am asking any of you! Thanks for some answers or comments~ ;)What is the name of your state (only U.S. law)?

Can a doctor fire you, is an interesting question, because one could ask why would you want to be seen by a doctor that you have lost confidence in. And since you are already telling him that you are seeing other doctors, I fail to see the problem here, relating to this issue.
 

lealea1005

Senior Member
The other (2) doctors and a medical assistant in their office told me it was a HIPPA violation.


The, they need to be retrained.

There is nothing...NOTHING...remotely to be considered a HIPAA (not HIPPA) violation.

A prescribing Physician asking the pharmacy whether a Rx HE phoned in (or wrote, for that matter) was picked up is NOT a HIPAA violation.

What did the Physician say when you told him you were already taking Neurontin and Lyrica?
 
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ecmst12

Senior Member
Antidepressants are often prescribed for chronic pain sufferers. Studies have shown that they make the pain meds more effective.
 

Indiana Filer

Senior Member
Antidepressants are often prescribed for chronic pain sufferers. Studies have shown that they make the pain meds more effective.

My Rheumatologist prescribed Cymbalta for arthritis pain along with tramadol. With the Cymbalta, I don't take as much Tramadol for pain relief. I'm not depressed, but I'll continue to take the Cymbalta.
 

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