What should I do about Patient Confidentiality Violation?

Question

Help! I recently had my patient privacy violated by my dentists wife (also his office manager).

She told my mother (note that I am an adult with a family of my own) that I was seriously past due on my account and need to take care of it to avoid legal action. She also told my mother that she could get in a great deal of trouble for divulging the information.
I indeed was past due, but for a mistake on the offices part and was unaware of the late status. What should I do? I am furious and feel very angry. This was none of my mothers business.

Answer 1

It has nothing to do with patient privacy unless she told your mother that the bill was to get your teeth whitened, or because you had a cavity. . . .

If that isn't the case -- then it's just about fair debt practices -- and, if I recall correctly, as unpopular as this may be:

1) The original debtor can discuss the debt with anybody who they feel may be useful in promulgating payment of that debt (including family), so long as they don't reveal what the debt was for, and maybe (i'm not SURE about this part) the amount of the debt.

2) Debt collection agencies cannot reveal to ANYBODY other than the debtor or the debtee . . . how much is owed, to whom, or what for -- all they can say is that they're calling from a debt collection agency, and leave a name and number.

Answer 2

Well, if I were you, I would be visiting a lawyer. I think a letter to the dentist's office from a lawyer would seriously shake things up. I think a lawyer could also tell you what is needed to be done. But if this is the true case, I don't think your account will be seriously past due any longer.

I would have a "heart to heart" with the office manager/dentist's wife and inform her that you know of the violation of your personal privacy, and that you are prepared to see a lawyer about this, not to mention visit the state board about this, and it could seriously jeopardize her husbands future in private practice.

But visit the lawyer. I have a feeling that might be the more proper route.

Answer 3

I don't believe "patient confidentiality" is violated when dealing with a due payment or else doctors/dentists could not go to collection agencies to collect on over-due bills.

Is you mother an "Emergency Contact" on the paperwork you filled out or does the office manager know her personally?

It might be an ethical violation, but likely not a violation of the law.

Answer 4

Actually, your bill is not necessarily confidential. The fact that you are late in apying your bill is not medical information. What is confidential is the treatment you recieved.. Telling your mother that you were late paying your bill doesn't violate medical confidentiality. It is, however, none of your mother's business and the dentist's office should not bother her with such information. The only real proper course of action is to have your mother tell them it is not her problem.

Answer 5

fangtaiyang is correct in that your bill is not "patient information" per se, and is not necessarily protected under doctor-patient confidentiality. However, your state regulations relating to collection of bills will more likely than not prohibit a creditor from disclosing information about your account to third parties without your consent. It is considered an unfair collection act.

You should contact the American Dental Association, and report the problem to them. They deal with all cases of professional dishonesty in their profession.

If you were really peeved, you can also contact your State Board of Professional Licensure, which licenses dentisits and investigates complaints of professional misconduct.

Answer 6

From what I understand, that is surely in violation of clinical privateness legislation. You will have to file your health practitioner to the regional clinical board, and also you have got to have a speak along with your moms and dads. You are over 18--why are they checking up for your clinical assessments? I'd additionally get a brand new health practitioner, and I'd inform your reward health practitioner precisely why you're leaving his train.

Answer 7

Technically, your dentists office violated both HIPAA (Health Insurance Privacy and Accountability Act) and GLBA (Gramm-Leach-Bliley Act) by disclosing personal financial information regarding medical care without your express consent.

If your dentists office submits any medical claims electronically, they are HIPAA covered entity. You can file a HIPAA complaint with the Office of Civil Rights. The link is shown below.

Answer 8

This is why I never go to doctors/dentists who work with their wives; there is always a problem. Of course she was out of line, and this really should be reported to the ADA. I would talk to an attorney to find out what your options are, then pursue them. This stupid woman needs to be taught a lesson in ethics. And of course, change dentists ASAP and tell your dentist why you're leaving him.

Answer 9

Did she share medical information? The doctor is allowed to report deadbeats, and to collect your unpaid bills. Try paying your bills for a change, and stop threatening to sue people.

Answer 10

Call the American Dental Association and file a complaint. They handle all aspects of governing wrongs in dental practices. You could also sue her personally for defamation of character. See an attorney.