HIPAA Gone Mad..
November 7, 2008 by: ToddieMMany people may wonder about what doctors think about HIPAA. This very question, or something very similar to it, was asked at Yahoo Answers.
I couldn’t help but put my two cents worth in on it.
I can think of one historical incident where a political figure was compromised because of shock treatments that were uncovered in his medical past. Thomas Eagleton, a VP choice of McGovern, had to beg off the position when the press started to have a field day with what the discovered in his medical records.
Would HIPAA have prevented this? I think not. Most doctors resent further government intervention into their affairs. It’s a common sense thing that we didn’t need reams of regulations for.
November 8th, 2008 at 12:51 am
[...] day with what the discovered in his medical records. Would HIPAA have prevented this? I think not View post Add your [...]
November 9th, 2008 at 7:35 pm
I’d have to disagree that patient privacy is a common sense thing that we didn’t need reams of regulations for. While many providers understand their role in the privacy of the patient, their staff often do not.
It was common sense for Providence Seattle Health System to not leave their backup tapes and CDs in a situation in which they could be stolen. But they did — and patient information was not stolen just once, it was stolen multiple times.
It was common sense for the front desk clerk at my provider’s office to not walk away from the desk, leaving it unmanned, with patient records as well as credit card receipts covering the desk. I could have walked off with anything I wanted. And I made sure that she was fired for that egregious situation.
If providers had taken greater care of patient records and privacy — primarily by ensuring that their staff appreciated the need for privacy and protection of the patient records — there wouldn’t have been privacy rules to contend with. As it is, training for their staff would seem to be common sense, and yet they did not train their staff adequately in the past — and they still don’t.
The biggest problem I see with providers and HIPAA is that they remain clueless about what the rules say they can’t do, and what the rules say they CAN do. For example, providers ARE allowed to talk to family members and family friends when a patient is either not competent or is otherwise unconscious. Yet the grief that has been caused by doctors, nurses, and other providers when they refuse to talk to family members “because of HIPAA” is far more egregious, IMO, than almost any violation of the rules that have been committed.
HIPAA most certainly WOULD have prevented the disclosure of Eagleburger’s medical records — unless they were obtained illegally in the first place, or if he had disclosed them himself. Not knowing exactly the circumstances does not, in and of itself, negate the purpose of the Privacy Rules.
November 9th, 2008 at 8:20 pm
Dear Lane:
While I can appreciate your situation and opinion, it is largely viewed by doctors as an intrusion and a nuisance. Just yet another form to sign and post. Plus, along with NPI, it gives insurance companies more reasons to delay payment; not to mention the monies we had to spend to “upgrade” our software to be HIPPA and NPI compliant. Plus, insurance companies still want medical information so they can match it up against their applicants. Sounds like a bit of a double standard to me.
I suppose, and this is going to sound selfish, for a few patients that might have something disclosed that otherwise would not, it just isn’t worth it.
Thanks for the comment, and sorry if I waxed political there.
January 5th, 2009 at 7:03 pm
Monique, a Leaf fan, originate this definitely persistent to believe. Now, let me core out that this was in no way an crack to official one pair is more wisely than the other. It was objective a core to articulate two things.
January 31st, 2009 at 11:21 pm
fjbnheipsssf…
Anyway, you should do your best ;)…