Heres the story: i work in a medical office and i appearently didn't verify a phone number with a client(i work as a receptionist). This was an honest mistake, i simply forgot. One of the doctors called and left medical info on the answering machine which turned out to be a family members number. The party is filing a privacy complaint. Am i in any trouble here or the doctor who left a message without verifing whom they were speaking to?
2006-12-02 13:56:55 · 4 answers · asked by Samantha 3 in Politics & Government ➔ Law & Ethics
I work for a company that writes EMR software, so I know about the Health and Insurance Portability and Accountability Act (HIPAA), as it is something we must keep in the back of our minds all the time.
On the transmission of the information, the doctor is the one who would be held liable for the disclosure of the information. The doctor gave the medical information to an unauthorized party, not you. While you should have said to the doctor that the personal information had not been verified, the doctor should have asked before making the call.
Plus the doctor should not be leaving medical information on an answering machine, either. If the doctor cannot speak directly with the patient over the phone, a request to call in should have been left, not the intended message. Something like "Mrs Jones, the results of your recent analysis are in" not "Mrs Jones, your blood work is in and your cholesterol levels are going down, but I feel more treatment may be needed."
Answering machines should never be used for private information, because you never know who may be listening.
2006-12-02 15:23:41 · answer #1 · answered by ballarke 3 · 0⤊ 0⤋
The Doctor can be charged with failure to comply with privicy acts. I am a CNA and when I place a call I have to verify I am talking to the correct person or their legal representive. They should not charge you because you made a mistake and the doctor should have verifyed whom he was with.
By the way - In Fl, you are nto allowed to leave medical Information on an answering machene. All yo can leave is a way to contact you.
You should be fine.
2006-12-02 22:07:13 · answer #2 · answered by chris_a_broadwater 1 · 1⤊ 0⤋
this would best be answered by a lawyer in your state. you can also check for free legal advice on the internet.
2006-12-02 22:07:03 · answer #3 · answered by Steve 4 · 0⤊ 0⤋
ask bush, he knows all about privacy
2006-12-02 22:32:29 · answer #4 · answered by jn_dogs 1 · 0⤊ 0⤋