Medical People--Question please about privacy

[ohio_liberal]

For some background--I broke my leg 7 weeks ago, a rather extreme 3mm break of the fibula. It's been a long healing process--first with a cast and now with an air cast. Ok, here's the weird thing. I just got a phone call this evening from some company in PA (I'm in Ohio) who said he had been given my name by my doctor (who is located in WV), and he's offering me some kind of unit to wear on my leg that gives electromagnetic impulses to speed the healing process. I told him I knew nothing about what he was talking about and my doctor never mentioned this. The man immediately began apologizing and told me the doctor's office said that I was aware and that he never would have called if he had known differently. I'm feeling a little indignant that my doctor's office gave out personal information without my knowledge. Do you think this violates my privacy rights and what should I do about it?

[nothingshocksmeanymore]

1. Was it a bone stimulator?

Your doc may very well have recommended it and gotten approval from your insurance. Typically those units are mailed to the patient.

Best thing to do is call your doc in the morning. Your doc can't send some marketing company your information, but if he requests approval for a device to aid you in healing, then either he or the insurance carrier can have someone contact you in order to provide it.

on edit: Given that you are seven weeks into the process and not healing, I suspect this is the case

[ohio_liberal]

8. I don't know what it's called

He never actually called it by a particular name. The conversation pretty much came to a screeching halt when I said that I hadn't talked to my doctor about any of this.

As for the broken leg, I knew it would be a long heal. The orthopedic doctor wanted to avoid pins and I was willing to stick it out. It's healing, just slowly. I'm putting weight on it now--it's just not 100%. And I'm older and apparently old people heal slowly. :)

[nothingshocksmeanymore]

12. So it sounds like something your doc wants you to have

Call his office in the morning

[ohio_liberal]

17. I'll do that

It's good to know at least that it's something legit. I really thought at first it was not until I realized there was no way this man could've gotten my information except through the doctor's office.

[achtung_circus]

2. Answer 1, YES.

Answer 2, is there a state privacy commissioner, or a state medical licencing board?
(I guess that answer is a question).

[PinkTiger]

3. I doubt that your doctor gave the information.

If he/she did, it is a violation of ethics, if not the law.

[nothingshocksmeanymore]

4. Please see my post...not accurate

[PinkTiger]

27. I stand by what I said.

It is a violation of the HIPAA law for the doctor to send a vendor to you without your permission.

[MissWaverly]

5. They are not allowed to give out patient information to vendors

If you need a medical device, 90% of the time the doctor has it there
and gives it to you (of course you are billed) or will tell you to contact a company (call blah, blah for your oxygen), they will deliver
to your house but I have never known them to give patient info to sales
reps to call their homes. That's what HIPAA is all about, there are
penalties to giving out patient info. And if you need a device, your
doctor will tell you that you need it not the vendor. I would call
the doctor's office and tell them what happened.

[ohio_liberal]

9. Thanks much

I will definitely call the doctor in the AM.

[MissWaverly]

29. You are welcome

I had a crushed foot last year and I had treatments for it, I went to
a physical therapist and she did them, of course, there's a bill for that so you are probably better off with a device at home, but the
doctor should discuss options with you and ask you what you want to do.

[im10ashus]

6. It sounds very fishy.

I would be talking to my doctor and asking them how and why this person received your personal information without a signed release. Just my opinion. Wishing you a speedy recovery! :-)

[Sgent]

7. Its not illegal

to give out information to a third party to be used in "treatment". In most cases, that refers to other physicians, pharmacies, etc. In the case of a bone stimulator, they may have walked (but not crossed) a fine line.

I would call your doctors office and get clarification on what's going on.

[SeattleGirl]

13. Is this a work-related injury?

If so, HIPAA does not apply in the same way it would to a non-work related injury. However, there are limits even to that accessibility in a worker's comp claim. I am able to get information without a release from the injured person (though I like to get a release anyway and explain why I need info). Nevertheless, if your doc did indeed ask this person to contact you, he/she should have told you first before having the person call. Hope you get this straightened out.

[ohio_liberal]

15. No, I did it at home

I stepped in a groundhog hole in the yard. In my nightgown. At 5:30 in the morning. Visualize that one. :)

[SeattleGirl]

18. Yikes!

I actually can visualize it -- I am someone who can trip on air! Hope you continue to heal, and if it is a bone stimuulator that the doc recommended, if insurance will pay for it, give it a whirl. They don't ALWAYS work, but they do often enough to give it a chance.

[ohio_liberal]

22. Ah, I relate to that

This is my 8th broken bone. I come from a long line of incredibly clumsy people.

[nothingshocksmeanymore]

19. Did you see your shadow?

[ohio_liberal]

20. LOL

No, it was totally dark and my dog really had to pee. I had to scoot on my butt back to the front door, praying to every deity I could think of that nobody would drive by and see me in my nightie. :D

[SeattleGirl]

21. Actually, that's what set off the falling!

That's a good one!!!! :rofl:

[Somawas]

10. I demolished a tibia and a fibula nine months ago.

My orthopedist called about the bone stimulator. The guy brought it to me. But the orthopedist called first.

[Lars39]

11. It sounds like your doctor may have set things in motion

after your visit with him, but neglected to tell you to expect the vendor to call you. If this is the case, it's really a good thing! That means you have a concerned doctor trying to help solve your problem. :)
I had a physical therapist do this once.
I thought the vendor was a collection agency. :blush:
Just get back in touch with your doctor's office.

[yojon]

14. This is a major no-no

There is a new law called HIPPA (Health Information Portability and Privacy Act) that specifically prohibits disclosure of this sort of informtion without someone's written consent. It specifies that this sort of disclosure is a criminal event.

It is sometimes hard to hold to this when talking with family members, but giving this info to an equipment manufacturer is without prior authorization sounds like a pretty clear violation to me.

I wonder if the doctor has some financial interest in the bone stimulator company. Guess it would be awkward to ask them that.

You might want to call the doctor's office and see why they disclosed the info. Expect lots of fancy dancing.

[w8liftinglady]

16. The office violated HIPAA

When my mom needed medical equipment,the doc not only told her what she needed,but also gave her the names of three vendors,so she could compare.It's unethical to refer to one vendor.You should have been given a prescription for the device,and the names of vendors.It makes me think there may be a kick-back of sorts.

[Sgent]

28. Please tell me how

this is a violation of HIPAA. It would have been, but Bush changed the regs 2 mos before the went into effect.


In general:
A communication made for purposes of treatment, payment, or healthcare operations is not subject to prior notification.

[Cathyclysmic]

23. very shady

I would call the doctor to see...there is no way he gave that info out....maybe the DME place you got your air cast did...but not the doc.

[ohio_liberal]

24. What is DME?

I got the air cast from the doctor :shrug:

[Cathyclysmic]

25. Durable Medical Equipment

like your air cast..the doc had to buy it from somewhere and billed your insurance(if your that lucky, right?)so the DME place would have your name..and would maybe try to sell you crap.

[ohio_liberal]

26. yes, I have insurance

I don't know how it all went down. I'll try to get to the bottom of it tomorrow morning.