My dentist told my boss that I have developed a heart condition.

[moobu2]

I told my dentist about my heart because of the medication I was taking so that he would take that into account with any procedure he was doing. I just thought it was the best thing to do. Well, a couple of days later, my boss calls me at home and asks me about it. My boss told me that he and my dentist were talking and he told him about me. I didn't think it was any of my bosses business because it never interfered with my work at all. I'm pissed off at my dentist.

[sarcasmo]

1. Find a new Dentist, ASAP.

[RUMMYisFROSTED]

6. Find a lawyer.

Isn't it a HIPAA violation?

[Ishoutandscream2]

15. That sure as heck is

Wow, what a lack of professional ethics.

[elehhhhna]

37. Really couldn't be a worse HIPAA violation. GET A LAWYER.

[loudsue]

56. Yep! Your dentist just paid for your retirement.

You can sue the snot out of him.

[TwentyFive]

88. NOT if you live in FLORIDA. You can sue for economic losses ONLY.

Thanks to Republican tort reform, emotional damages are worth zero. She must prove some type of economic loss.

Check it out with a lawyer. Just don't get your hopes up for some kind of early retirement.

[djp2]

121. HIPAA is federal so....

yes you can sue!

[axollot]

133. Agree. I am in Florida, they do still pay for some cases of emotional damage just fyi - but

this is a clear violation of privacy as laid out in the Federal HIPPA law. The dentist can no more talk to your boss about any health issues than a therapist could call your husband/wife (without your oK) and tell them about your treatment.

HIPPA means you cant move a single piece of private info without your express, written OK.

Obviously this wasnt meant entirely for you Twentyfive.

Cheers
Sandy

[The Doctor.]

83. Yep, and HIPAA has TEETH. moobu2; get a lawyer.

[MrMickeysMom]

143. Agreed...

You need to get your boss to put that in writing, or the dentist's office. Someone screwed up here and the law is on your side (hey, for now, anyway!)

[H2O Man]

55. Definitely.

[Safetykitten]

58. Lawyer UP time. So out of bounds they may settle out of court.

[Motown_Johnny]

73. I'm sure they will try to settle for the amount he is insured for

or less

[TBF]

86. They can TRY - but that is where a good lawyer goes to work. nt

[awoke_in_2003]

107. find a lawyer that works...

off a percentage of the reward- then it will be big.

[awoke_in_2003]

110. If they are willing to settle out of court...

take it to court- they only settle when they know they f'ed up big time.

[Pab Sungenis]

2. Sue.

HIPAA.

[Kalyke]

3. Report him to your state's medical board.

Discussing your condition with anyone other than you or a person YOU designate is a violation of HIPAA laws.

[SidDithers]

5. K&R...nt

Sid

[axollot]

135. you designate in writing. n/t

[elleng]

4. You should be pissed off, and I suspect he's violated some ethical standards,

as in, myob at the very least.

[w8liftinglady]

13. as well as HIPAA

http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

[get the red out]

7. Isn't that illegal?

I had to fight with the hospital to get information regarding my Father when he was gravely ill because of patient privacy and my elderly mother was too forgetful, upset, and confused to pass anything on to my sister and I. What you experienced from your Dentist is the kind of thing the privacy laws are supposed to prevent.

[uponit7771]

35. yes, very illegal

[supernova]

8. Your dentist breeched your confidentiality

period. He was wrong to tell your boss. Full stop.

You were right to tell your dentist because sometimes we have to take antibiotics for dental work and some other internal med procedures. But in no way shape or form she he have told your boss.

Find a new dentist. Good luck to you at work. Be wary if any changes are made due to the disclosure.

[no_hypocrisy]

23. + 1000

[Liberal_in_LA]

64. +1001

[onehandle]

9. Cha-ching.

Why are you talking to us when you should be calling a lawyer?

[awoke_in_2003]

111. damn skippy. nt

[ET Awful]

10. That's a definite HIPAA violation (edit: well maybe not).

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html


It's illegal for him to disclose any of your personal information to any third party without your express written consent.

EDIT: Actually, I take that back, it may not be a violation of HIPAA since that would require that the data be transferred electronically.

Hmmm. I believe it's still a violation of other statutes though.

[uppityperson]

32. A couple links for you to look at. Probably HIPAA violation, definitely ethical

http://jada.ada.org/cgi/content/full/133/12/1692
Oct 4, 2010
http://www.ada.org/news/4843.aspx

I'd at least report him to your state dental board.

[laughingliberal]

43. Untrue. HIPAA laws passed in the 90's before electronic transfer of records was common.

Talking about a patient in an elevator or restaurant in such a way that someone might figure out who they are is a violation. Giving out the information to anyone you don't have permission from the patient to talk to is a violation.

The recent emphasis on electronically transfered records has been due to more and more records being transferred in this way and there was a need to put standards in place to protect information stored and transferred electronically as it became more common.

Ensign's amendment to the health care bill does allow some sharing of PHI with employers for the purpose of forcing them into 'wellness programs' but I am not sure of the details about how much information can be shared. I don't think it would cover a dentist calling your boss and talking about it.

[ET Awful]

67. I was going off of what is at the link I posted

This includes providers such as:

* Doctors
* Clinics
* Psychologists
* Dentists
* Chiropractors
* Nursing Homes
* Pharmacies

...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard.


That's what the links says anyway.

[laughingliberal]

68. I believe those are rules/legislation added to deal with electronic information

and how to secure it. We were taking HIPPA training back in the 90's long before most of our institutions were storing or transferring records electronically. It is not the total of the HIPAA law.

I was even threatened by a plaintiff's attorney once for disclosing information to defense counsel about a patient when I was subpoenaed by defense counsel. He was off base as HIPAA is not designed to impede legitimate legal proceedings and I was responding to a legitimate request from an officer of the court and I was able to shoot him down. The point is, here, that it was my verbal disclosure that was the issue. It is even a violation to discuss a patient at the nurse's station if others not entitled to the information could overhear it. It is also a violation to leave a patient's chart laying somewhere where anyone without a right to the information might be able to see what is written in it.

[sendero]

132. Has nothing to do with electronic..

... it's Protected Health Information period. And a heart condition definitely falls under that category.

The dentist broke the law and as someone who has to deal with HIPAA every day I can assure you that violations can come with severe penalties.

The dentist probably didn't intend to do harm but he quite possibly did. As a health care professional, he knows about HIPAA and he knows the rules.

[laughingliberal]

154. I was responding to a post that said HIPAA was only for records handled electronically

I've been nursing since 1982. We've pretty much been marinaded in HIPAA laws.

The dentist is in clear violation.

[ET Awful]

151. That was my understanding as well (I work for an FDA regulated company)

That's why I added the "edit". I was a bit surprised at the way it was worded on the site.

[Crunchy Frog]

92. I've had HIPAA drummed into me as a home health aide and CNA.

I don't have any access to anyone's electronic records. It is still very much a HIPAA violation for me to disclose private information about patients.

[Kalyke]

59. HIPAA refers to any medical records.

You're thinking of HITECH or HITRUST - they refer to electronic records as it applies to HIPAA.

I do this for a living. :)

www.swordshield.com

[northernlights]

65. HIPAA does NOT refer only to electronic data transfer

It refers to ALL transfer of information -- written, electronic and oral. It refers even to what shows on computer screens, which can't face certain ways in a hospital or clinic, to prevent passersby from seeing them. It refers to how trash is thrown away with private medical information. And it ABSOLUTELY refers to oral communications.

It absolutely IS a violation of the posters privacy. We've been told very clearly in lab tech school that can't discuss cases outside the lab -- in the hallway or cafeteria -- even without using names is risky.

[Heddi]

79. Hippa does not need to be electronic. I'm a Nurse, what this dentist did is illegal

It's illegal for him to tell anyone who is not on a "need to know" basis ANYTHING about the patient. Wehther that's via email, snail mail, fax, mouth, lip reading or sign language.

What the lawyer did was illegal. Illegal via the state (which usually has harsher penalties than federal) and illegal via federal.

The OP needs to get a lawyer ASAP, find a new dentist ASAP.

[cornermouse]

130. Doesn't mattter whether the information was disclosed

electronically, verbally, or on paper. As long as you didn't sign anything that allowed him to send information to your employer, it is a violation of HIPAA. Your attorney should have you fill out a request for information for him/her to get access to your records. If you didnt' sign a release of information form for your employer, he shouldn't have had access to any health information.

[LawnLover]

SUE THAT MOTHERFUCKER

He not only violated your rights, he put your job or potential promotions in jeopardy. That fucking dentist needs to lose his license.

Don't try to be a nice guy about this. You need to send a message to this guy loud and clear and to anyone around him who is violating confidentiality laws. Prevent him from doing this to someone else.

This bullshit cannot stand.

Sorry for the harsh words, but this kind of thing REALLY upsets me.

[Ian David]

27. I agree. The dentist may have cost you your livelihood. Show him no mercy, give him no quarter. n/t

[Subdivisions]

31. Sue for HIPAA violation. n/t

[JVS]

74. +1000000

[awoke_in_2003]

112. "Don't try to be a nice guy about this"

damn straight- this dentist was SEVERELY irresponsible and does not deserve to practice. Hell, even in my field (flight simulation training) we do not discuss our clients in any way to outsiders.

[hlthe2b]

11. It sounds as though your dentist is in clear violation of HIIPA

You can report him:
How to Report a HIPAA Violation

The Health Insurance Portability and Accountability Act (HIPAA) requires that your information obtained by health care providers is to remain private. The Office of Civil Rights (OCR) implements and enforces HIPAA privacy laws. If a health care agency has violated privacy rights or you suspect HIPAA violations occurred, you may file a Health Information Privacy Complaint.


Read more: How to Report a HIPAA Violation http://www.ehow.com/how_4464319_report-hipaa-violation.html#ixzz15MZxX77b

[superduperfarleft]

12. It's illegal for him to do that.

It's a clear violation of HIPAA.

[unblock]

14. amazing how hard it can be to pry information out of doctors about family members

and how cavalier they can be when chatting with your boss.

find a new dentist and start keeping a journal about your job situation. note especially any adverse changes.
if you are damaged as an apparent result of this disclosure, contact a lawyer.

in fact, you might want to briefly consult with a lawyer now, just to make sure you handle yourself appropriately just in case anything unfortunate does happen.

hopefully, your boss has nothing but sympathy and concern and continued respect for you and your ability to contribute at work, but best to protect yourself just in case.

[Mimosa]

42. ^ seconding advice to "consult with a lawyer now". n/t

[awoke_in_2003]

113. especially if that family member...

is a gay husband or wife.

[Not Me]

16. As you relate it, it is a violation of HIPAA

but many companies are self insured, and have access to medical records pretty easily.
At my place of work, the HR department is part of Business Operations, which pays claims. It isn't too hard to imagine how much information is available/shared.

[moobu2]

19. I pay for my own medical care.

I expected everything to be private.

[MedicalAdmin]

155. And those department and personel are covered by the act as well

They shouldn't be sharing info without a need to know.

But I get what you are legitimately concerned about. Amy dentists work there?

[moobu2]

17. WOW, I'm still processing this because

I'm thinking about all the things I've told my dentist over the years (all sorts of embarrassing shit)- I've been going to the same dentist for 20 years and have worked for the same guy for longer than that, though I work on my own as well. I'm now wondering if my dentist has been discussing me with my boss all those years. S o b. Don't know what I'm going to do.

[Lochloosa]

22. Call the Bar in your state. In Florida you can do this and they will refer

you to a lawyer for a consultation fee of 50 bucks for a 1/2 hour. That is enough time for you to find out your options.

[Dappleganger]

30. He probably has been telling...

everyone he knows. Seriously, switch dentists first (get your records transferred) then sue the motherfucker. That's what lawyers are for and this dentist needs to learn a lesson which will hurt his pocket. Your privacy is worth $$$.

[Kolesar]

39. the old "switch-er-oo"

that is good advice!!

[Dappleganger]

40. I have switched before for other stuff...

always get your records first or they'll mysteriously get "lost." After that, bring 'em hell.

[Dappleganger]

41. dupe

dupe monday

[Heddi]

81. CALL A LAWYER NOW. No more posting. Find a lawyer

That dentist violated state & federal HIPPA laws. I'm an RN (registered nurse) and have HIPPA drilled into my head twice a year via work-related education.

That man violated a very private trust between the two of you. He will not only owe you $$, but the state/feds will go after him as well.

Another thing to keep in mind is that his fines may increase dramatically if he has prior HIPPA violations, which there's no way you'd know about unless he told you. It is CRITICALLY important--not just for you and your job and your private health information, but for EVERY SINGLE ONE OF HIS OTHER PATIENTS that you file a complaint about him.

This release of information is considered "willful" and per federal guidelines, this is the type of charge he's facing:
HIPAA violation is due to willful neglect and is not corrected $50,000 per violation, with an annual maximum of $1.5 million $50,000 per violation, with an annual maximum of $1.5 million

In addition to speaking with a lawyer, you can report HIPPA violations here at the HSS website. Also, check with your state Department of Health and find out how to file a state-based HIPPA complaint (very important because often State HIPPA rules are more stringent than federal ones)

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

Good luck, and i'm sorry this happened to you. This dentist makes everyone in the health field look bad.

[proud patriot]

87. +1

[awoke_in_2003]

114. good point...

if he talked about one patient, he has probably done it before and will again. He does not take the trust very seriously.

[SteveG]

18. You can sue the Dentist

a few years ago I sat on a jury on a very similar case. It is illegal for a health professional to disclose that kind of information to anyone without your explicit permission. (we awarded the plaintiff $75,000)

[monmouth]

20. Send a PM to PC Intern, just for heck of it and see what he says. n/t

[uppityperson]

33. That is a really good suggestion, he's a dentist and perhaps can advise you.

[ehrnst]

21. Yep, violation of medical privacy. You have legal recourse. Take it.

At least get this guy reprimanded.

[Iggo]

24. Punch him in his face, then call a lawyer.

Maybe skip the face-punching.

[awoke_in_2003]

115. yes, definitely skip the face punching...

after a good lawyer is done with this jackwagon he will wish he had just been punched in the face.

[old mark]

25. Your dentist violated federal law - call a lawyer and sue him - he had NO BUSINESS

mentioning your medical conditions to anyone you did not specify on the HIPAA form you signed when you were starting treatment...Get a new dentist, too.

mark

[Bluenorthwest]

26. Sue without mercy and with great flourish

Take that unprofessional gossip to the cleaners.

[ProgressiveProfessor]

28. As you dentist why you should not sue him into oblivion for such and obvious HIPPA violation

You could own him for what he did

[Dappleganger]

29. Sue the motherfucker.

Change dentists, first.

Don't ever speak with that dentist again, but make sure everyone who knows you that that particular dentist breaks HIPAA laws of confidentiality. Make a complaint with the state's certification board, too.

[uponit7771]

34. Your boss and dentist DO know better.

[BlueIris]

36. Um...there's this thing called HIPPA. There are also things called state medical ethics rules.

This dentist should not be practicing.

[elehhhhna]

38. the good news; your boss TOLD you about it, so he'd have a diff. time

firing you for anything without the threat of action.

[awoke_in_2003]

116. and also...

when this goes to court, which side will the boss fall on? Will he side with an unethical doctor whom the jury will have no sympathy for, or his employee he has a relationship with? I would bet he would side with his (her) employee do to work place loyalty.

[Greyhound]

44. Congratulations, you've won a ticket to the lawsuit lottery.

If you are middle aged or approaching it, you should definitely think about playing it.

[bobburgster]

45. I agree with others....Report him to your state's medical board.

I would sue after that, but to each his own.

[GSLevel9]

46. that's a BIG no-no in legal-land. nt

[PCIntern]

47. PCIntern weighing in...

Holy shit. Dumbest MoFo thing I've heard in a long time...HIPAA and everything else violation.

On edit: I won't even discuss a SPOUSE with someone, unless they are in the room together adn there's implied consent.

[monmouth]

51. I knew you'd come through. Now onto finding a good lawyer..n/t

[csziggy]

54. Agree with you about the spouse

When my hubby had to get major oral surgery last year, he had not signed anything giving permission for his medical information to be disclosed to me. He told me about it and when I had work done with the same oral surgeon, I asked some questions.

Knowing that the oral surgeon did not have permission, though I phrased the questions in a way that did not require him to disclose anything I did not already know and that allowed us to have our discussion. Since I just wanted some general information about the procedure and about the risk factors that led to the necessity, this worked out OK.

If the oral surgeon had revealed more information than I already knew, I would have been disturbed, even though his office knows we are husband and wife and have been married for over thirty years.

[Skittles]

75. I did a search for you, PCIntern

I was going to IM you this link if you had not "weighed in" - I mean, WTF - I expect confidentiality from my doctor/lawyer/dentist/veterinarian :o

[awoke_in_2003]

118. and do not forget Confessor...

if you are so inclined (I am not, by the way- but I understand the reason for it)

[awoke_in_2003]

117. every doctor I have been to...

has a form on which you must declare whom the doctor may share your info with. Pretty rock solid- I put my wife's name on mine, and she does the same with me. This jackwagon disregarded that, and violated the patient/doctor trust. I WISH something like this would happen to me- I would never have to work again.

[whopis01]

144. When dealing with a MoFo like that, you need help from MoFos like these:

http://www.mofo.com/

[dccrossman]

48. This is a little more difficult than many think

There's the issue that you've worked for your boss for many years. As soon as you start going after the dentist, he will tell the boss and that relationship will be ruined as well.

I support going after the dentist, but if you have a good relationship with the boss, I'd start by having a good conversation with him. Express that the issue as a clear violation of HIPAA law and that you feel you have no choice but to report the incident and follow it through. This may save your relationship with the boss, if you want to save it. You may also need the boss to confirm in court that information was shared, instead of conveniently forgetting.

Good luck!

[druidity33]

66. that's good advice. nt.

[awoke_in_2003]

119. and if the boss catches wind...

that you know he was privy to information he should not have been, the boss will be a little bit reluctant to use that info against you.

[durkermaker]

49. you have a cause of action - confidentiality breach

see a lawyer

[The Second Stone]

50. Sue the bastard

Sue the bastard dentist as violating HIPPA laws. The dentist should never discuss you or your case with anyone without your written permission. He should not even disclose that you are a patient.

Second, with your boss, explain that you have a very common heart murmur that does not cause you any problems at all, and that your medical doctor requires that you take an antibiotic before dental visits as a precaution, which is what you do.

Three. Always take the antibiotic before dental visits.

[nadinbrzezinski]

52. Get a lawyer, that is a HIPA violation.

[11 Bravo]

53. Have you ever wanted to own a dental practice?

(Because if you so desire, that fool will be working for you for the rest of his days.)

[ncrainbowgrrl]

60. Heh.Great way to put it. And SO true

I know WAY too much about Health Privacy law for my own liking.

Had it not been for the other partner in a clinic, I would have owned the whole thing outright. Instead, my former doctor has retired early.

I'm not rich... never went as far as going to court. However, had a patient advocate, and the names of legal counsels in my back pocket.

[MinneapolisMatt]

57. That is a huge violation!

And illegal. :wow:

[NNN0LHI]

61. Did you get a recording of your boss saying that to you or were there any witnesses?

Because I doubt that he will ever admit saying it to you without a recording or witness. Sounds like your boss and your dentist are at the least friends who socialize. Golf buddies perhaps? Maybe even related to each other?

Don

[awoke_in_2003]

123. get in front of a jury...

and the boss will sell the dentist down the river- he has to cover his own ass.

[felix_numinous]

62. That is a breach of confidentiality

and yes you have a case. Any health care worker can tell you that, I could have been fired for doing that.

[barbtries]

63. he had no right

whatsoever, to talk about your health with your employer. do you live in a very small town?

[izzybeans]

69. How does your dentist know?

He clearly violated your privacy. As someone who works with HIPAA information, you may think about the below if you pursue a suit against him.

Is your condition noted in your medical records at his/her clinic?

If so, your case is air tight. But either way its b.s.

On the other hand, some enterprising a lawyer may try to make a case that you did not tell the dentist in his official capacity, if it is not medical information under his control. For instance, if you told him during a routine cleaning unprompted by him the lawyer will try to construe it as information you volunteered as small talk. It's the bull shit defense line, but its the only out this guy has. They could claim you offered it up freely and he was just making small talk and voicing concern for you with someone he knew you knew. If its something you discussed but not something in your chart, you need to make it clear that you were voicing concern about its impact on your dental health and/or vice versa. Ask for a copy of your medical records, asap.

Just a note.

It's total bs what your dentist did, but if you are thinking of suing you may want to clarify that for your lawyer so that he can make the counterargument if that is the case.

[tpsbmam]

84. As stated in the OP, the dentist was informed about the heart condition

b/c the patient thought it was important to tell the dentist about the meds taken for the condition. Any competent dentist would require a health history and anyone with a serious medical condition would be ill-advised not to tell any treating doctors about significant medical conditions, most especially a heart condition when going to the dentist.

Regardless of any of the above, it doesn't matter -- he's the treating dentist and is obligated by law and ethical standards to keep any information about his patients confidential, no matter how the dentist/medical professional obtains the information. As someone stated, he can't even legally acknowledge that this individual is his patient unless it's to communicate with an insurance company for payment or other AUTHORIZED contact.

[KamaAina]

70. You should be more than pissed off

your dentist violated HIPAA, and is now fair game to have his ass sued off by you.

[davidinalameda]

71. sue the dentist

he violated doctor-patient confidentiality

contact your state licensing board as well

[somone]

72. Hire a lawyer ASAP. And call your state dental board!

Make him pay for this.

[Cleobulus]

76. This looks like a definite violation of HIPAA rules...

I work in a field that allows me access to some medical records(prescriptions), and I am forbidden from revealing ANY information about the drugs people take except when the primary on the plan asks, or have to tell the pharmacist for drug safety/interaction reasons. The rules are very strict. For example, if a woman who was a primary on a plan wanted to know some information on her husband who is the spouse under her plan, I can reveal it, however, the reverse isn't true, I can't tell him what his wife is taking because of the rules. Actually, I've had calls like this, usually asking why copays changed(to be higher) or why a drug isn't covered, and I always ask them what drug, I never reveal the information myself.

As far as third parties, this goes doubly so. If a doctor's office calls, or someone else, they better already know what medication the person they are inquiring about is taking, because I sure as hell am not about to reveal that type of information to them.

[Chalco]

77. Your dentist broke the law

It is a violation of confidentiality to reveal that information to your boss. I think you
should report him to the state board that oversees dentists and get an attorney.

[defendandprotect]

78. wow!!

[pasto76]

80. dude on mountain rescue we arent even allowed to tell reporters the GENDER of our subjects

undeniable violation here dude. First get a new dentist, then get a lawyer and go after him.

[1monster]

82. I can't even get my husband's pharmacy records with the drug blacked out in order

to do my taxes. I used to be able to have him sign a waiver in order to get the records, but no anymore.

He has to, in person, show his driver's license before I can pick up the records. And even then, they want him to pick them up himself.

And yet, I can drop off his prescription and pick them up with not I.D. or waiver signed. It is a screwed up, mixed up freakin' world.

Your dentist violated your privacy rights, possibly endangered your job, broke ethical standards, and most probably broke the law. If he cannot keep medical informaton of his patients confidential, then he has no business working in any kind of medical business (and yes, denistry is a medical business).

[Orrex]

85. Tell your boss that your dentist has a fucking big mouth condition

What did your boss say about it, by the way? Did he express sincere (though presumptuous) concern? Or did you get the vibe that he was thinking of the bottom line, cost-wise?

[Crunchy Frog]

89. You need to sue for HIPAA violation.

[-..__...]

90. Just curious...

does your dentist and your boss know each other (formally or informally), or did your dentist call your boss out of the blue?

Not that it makes any difference... it's still a fucked up situation.

I'm just wondering if the two happen to be neighbors, acquaintances, you and your boss happen to have the same dentist and the asshole couldn't keep his mouth shut... "hey, I just had an employee of yours come into my office and..."

[AtomicKitten]

91. Your dentist cannot speak with anyone about your condition without your permission.

That's why they have you sign a release when medical records are requested.

Your right to privacy has been violated.

[lonestarnot]

93. Wow, sounds like a very clear HIPPA violation to me, but I'm no lawyer, so that's not legal advise.

:evilgrin:

[liberal N proud]

94. That sounds like a violation of patient doctor privilege

Not that I am a lawyer or anything and could be wrong, but if a Dentist is telling people about your personal health matters, you need to at least dump him.

[lunasun]

95. will your boss back you up? or can you email him about the subject

sorta just saying you are upset at the dentist telling him so he replies and you have his reply as proof without him having to comment because where I see this going is your boss will deny everything for his friend the dentist when the lawyer or state board come a calling You do have the call records from phone co. to back you up but not what was said on the phone. Never go back to a dentist that is unethical or doctor for that matter

[ZombieHorde]

96. Super lame, I would be pissed off too. nt

[SCRUBDASHRUB]

97. HIPPA violation, I would think.

[ElsewheresDaughter]

98. get a lawyer and sue your dentist

[SCRUBDASHRUB]

99. Did the right thing telling your dentist about your heart, but, boy, did he screw up.

[guitar man]

100. Congratulations

You now own everything he's got. Contact a lawyer to claim your prize! ;)

[Highway61]

101. I work for a dentist

Run his entire office. Been a nurse 22 years. NO WAY! Dentist should have NEVER called your boss. UNLESS... (I don't think anyone can be that stupid), The INSURANCE company informed your boss(or company) of your medical condition(s) which I think may have happened, although they are not allowed to do that, HIPPA)...after all he/she pays the premiums. Whom ever did this...you need to contact a lawyer. Get a free consultation. That is total bullshit. Trust me.

[DesertFlower]

102. WTF?

[blue sky at night]

103. before you do anything....

get proof. you need absolute proof that your boss said this to you. I would get a tape recording of him and a witness asap.

[mudplanet]

104. That is a blatant violation of HIPAA regulations and your dentist can not only be

fined but you can sue him. It's a pretty serious matter.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

[webDude]

105. Illegal for them both to be talking.

[awoke_in_2003]

106. I haven't read the response yet...

but SUE HIM. He broke the patient/doctor confidentiality agreement. Sue him- you may not win, but you may get his license revoked. If you break a trust you have to pay a price.

[beyurslf]

108. HIPPA is a serious law with big consequences for violations. Your dentist

most certainly violated it and your boss may have too. If he ever uses the information against you, he certsinly has.

[awoke_in_2003]

109. where do you live, by the way?...

if you are in Cleveland, I know an attorney my grandmother worked for. He is a pit bull on steroids and HGH.

[Chulanowa]

120. Let me put it this way.

I cook at a retirement and nursing facility. I'm not privy to any details outside what I need to know. And if I were to tell you that so-and-so is on a full liquid diet, I would be out of a job and their family could sue me for all I'm worth. Which isn't much but it's the principle of the thing. I'm just a lowly nobody who really has no sensitive info, and I'm still held to these laws.

Sue.

[Skittles]

129. um, Chulanowa

you're not a "lowly nobody" - you provide a valuable service. YOU HAVE VALUE. Don't let snobby folk make you feel like a nobody. You are indeed somebody, especially to the people who feed. Yes INDEED.

[Chulanowa]

136. I know that, jeeze

Make me blush!

What I meant was, I'm not even in that cadre of "medical professional." I just happen to work there. Love what I do too.

Except on liver and onions night. Good god, the food these people enjoy.

[PoopsyMcGee]

122. Violation of HIPAA

$25,000 fine.

[KT2000]

124. Where does the fine go?

the government? or the person whose info was revealed?

[w4rma]

125. If he did it to you so easily, he's doing it to other people. You have to sue. (nt)

[zenprole]

126. Be careful and clever

Yes, get a lawyer, but make certain that there's a paper trail of some sort that links the two events; the law was quite probably broken, but you need to prove that's the case. Right now it sounds like your word against your boss'.

A lawyer could better advise you about this, and understand that you may need to talk to a few before finding the right one.

[leftynyc]

127. GET A LAWYER

Your schmuck of a dentist broke not only the law but can be brought up on ethics charges. Other patients need to know this person cannot be trusted.

[LostinNY]

128. I'd also get a lawyer, but

What happens if they both deny that the dentist told him (the boss) anything? Do you have witnesses or any other evidence? I believe you, it's just that if you take the dentist to court and the boss is involved, and they both deny it, can the dentist get off and the boss say he learned of your condition because he was forced to go to court by you? And would he try to use that against you? My mind always goes to worst case scenario and be prepared for anything! I'd try to make sure I had that evidence or witness statements in writing before letting on to the dentist or boss about getting an attorney, they may clam up.

[SemperEadem]

131. report him to your state licensing board for dentists

he had no business discussing anything concerning you with your boss without your permission.

[axollot]

134. You should be pissed off. Regardless of how your dentist and boss talk to each other..

your dentist cant mention even your cavities to another person without your express written OK.

Very clear violation of HIPPA.

Cheers
sandy

[BrklynLiberal]

137. You SHOULD be pissed...what about patient/doctor confidentiality!!!

AT LEAST report your dentist to whatever board would be appropriate so that future patients know about this.
AND find a new dentist.

[obxhead]

138. Call a lawyer. They will be more than happy to help.

Patient/doctor privilege was clearly violated. Your dentist had no right. In fact he/she was bound legally to not disclose that information.

[Le Taz Hot]

139. Violates HIPAA

Health Information Privacy Accountability Act of 1996.

http://www.hhs.gov/ocr/privacy/

Agree with the above poster. Get a lawyer.

[Deep13]

140. HIPAA violation and a breach of professional ethics. nt

[uncommon]

141. That's a breach of doctor patient confidentiality and you need to talk to a lawyer

immediately.

[davidwparker]

142. Get a new dentist and take action against the one who

shared personal data with your boss.

[Celebration]

145. Is the boss friends with the dentist?

If so, your actions could be fraught with difficulties......

You definitely need to talk about this with a really GOOD lawyer, not a hothead, to go over all the possible consequences.

BTW, this really pisses me off.

[Enthusiast]

146. Isn't there a law?

Seems like there should be.

[Lindsey]

148. I work in Health Care and w/o question, it's a HIPPA violation.n/t

[laureloak]

147. Shame - shame on you if you have a heart condition and haven't

shared it with your boss and co-workers. If you have a medical emergency they will not know how to react and it could cost you your life.

Leave the dentist alone. You haven't been damaged yet but you could be if you don't share this information with family and co-workers.

[Iggo]

152. LOL.

Nice!

:rofl:

[Enthusiast]

149. Yeah? I suspect you are a

raging anti-dentite. http://www.youtube.com/watch?v=cCeP6lLxJ9I

[Jackpine Radical]

150. I don't know about the lawsuit issue.

Usually you have to prove damages of some sort. Unless it causes you to lose your job or something, it will be hard to prove damages.

On the other hand, you can make real trouble for the dentist with his licensing board.

Different health fields pay different levels of attention to HIPAA privacy rules. Psychologists, psychiatrists & psychotherapists live, breathe and eat in a HIPAA environment, e.g. having people sign releases before we communicate anything to anybody, and being very aware of potential violations. We are required to get continuing ed in ethics training, and it seems that half of the training involves client confidentiality and the handling of client/patient information. This is natural because just about everything we deal with is potentially explosive.

Dentists, on the other hand, don't generally think nearly as much about confidentiality on a day-to-day basis. Who gives a damn if he mentions your root canal to somebody? Because they don't generally handle terribly sensitive client information, dentists tend to forget about HIPAA.

[Catherine Vincent]

153. That's ridiculous!

You should sue that Dentist. How dare he reveal personal information like that!