HIPAA violation??

Question

I worked for a doctor and when we would go to pull charts for the next day most of them couldnt be found. There were times that we would have to make established patients new charts because thiers couldnt be located. I was just wondering if that would be a HIPAA violation?

I dont work there anymore. I was just interning there and it was a problem before I started working at that office. The charts are no where to be found in the office. We would search the entire place(not a big office to begin with) and a lot of the time come back empty handed. She is a joke of a doctor anyway.

Answer 1

It does not qualify as a HIPPA violation, however it could fall under a criminal negligence charge or a civil suit could be filed by every paitient that has had their record misplaced. Your best advice would be to contact the local police or if you can prove beyond a doubt that records of paitients are being lost, and you know the name, contact them and advise them to have their records copied and keep the copy themselves. Every visit they should then get the copy and I would advise them to change doctors. You might also want to contact the A.M.A. (American Medical Association) and speak with them. They are the people who can investigate cases such as this and can forward the results to the prosecutor usually at the state level for criminal charges to be filed. Not only is this negligence on the part of the doctor and her office staff, she is placing the patients lives in jeopardy. What would happen if one of them is allergic to something and they have no relatives or close friends who can advise the emergency room staff? They are entitled to the same care as anyone else. If my record turned up missing, I guarantee, someone would be doing some hard searching or there would be a civil suit very shortly.

Answer 2

I am a medical biller ( 10 years of medical experience) and a junior in Health Administration.I don't know if a misplaced chart actually would be a HIPAA violation. It is always possible that it is in the office and just not where it should be, I would think that clerical errors like this would not be a HIPAA violation. Something that was actually done intentional or if the chart was taken outside of the office and misplaced then I would think it would be a HIPAA violation. Hope this helps some.......

Answer 3

As long as they werent found in the posession of another human being. Although, I dont see how charts would up and walk away on their own. I too work for a doc. office and we have had charts missing from time to time. We sometimes found them in the least likely places, another words in the z'a when the last name was a D lol. I would keep your eye on the charts and see if anyone who isnt suppose to be around them is, and try makin a suggestion by having a sign out and sign in sheet for charts. I know it might be a hassle at first, but I can tell you that if you do that, charts wont be missing. :)

Answer 4

Yes! That is a major violation! That means someone has been taking the charts off that property - and who knows where they are leaving them! Which means people who are not privileged to see that confidential information are reading it. If they contact the person who it belongs to and tells them about this, that could mean a lawsuit!!!
I'm a social worker and I work at a group home - all of our files are in cabinets in a locked office. I suggest you get cabinets you can lock or put them in a room that can be locked. Perhaps you should also have a sign out sheet for anyone that uses the files.

Answer 5

I don't think that it is a HIPPA violation but it is a serious problem in the office. Someone needs to learn how to file charts or be fired. It could also cause problems if you ever need to find a lost file to provide the information in it to a patient or insurance company. Not to mention that pre-existing health conditions are in that file that could effect future treatment options.

Answer 6

No it's not HIPPA just protects the patients right to privacy....you should find those charts tho, do you work for Dr. Bud? LOL I used to work for him and had that smae problem drove me nuts they always ended up in his car or in his messy office.....no not a violation, but find them you don't want them ending up in someone elses hands that don't belong...that's a violation

Answer 7

It would probably only be a violation if the records were used by someone else to gain information about the patient(s). You may want to check out the website for the US Dept. of Health and Human Resourses. Their website is:

http://www.hhs.gov/ocr/contact.html

Answer 8

HIPAA violation would be if you knew that they were being stolen. Besides, HIPAA is a stupid set of laws that hampers fire department and police department's cooperation. Used to be that the police officer could ask us if we thought the guy was drunk. Now we "can't answer that"

What a bunch of liberal bullcrap.

Answer 9

Absolutely! Files about patients are to be confidential. They are to be stored in controlled area, meaning no one is allowed to have access to them without some kind of way to keep track of them.They are also not allowed to be carried outside of the controlled area unless the patients signs a waiver. If the files are stored in an office, they must be secure at all times.

Answer 10

Very possible. It all depends on where the charts actually went, though. if you can't provide info on where they went, it will be hard to prove a violation...I mean, the dr can simply claim they were accidentally shredded, and who could prove otherwise?