is this illegal?

[mommytoethan 1]

i referred someone to my surgeon about getting a revision from the band to the sleeve. we both have the same insurance as our husbands work together. my sleeve was approved.

while this person was at my surgeon's office, the office manager discussed my insurance approval / insurance coding with her.

my surgery was not discussed - just insurance information about me getting approved.

is this illegal? i am not 100% sure about what the HIPPA law covers.

[pcindy 8]

i referred someone to my surgeon about getting a revision from the band to the sleeve. we both have the same insurance as our husbands work together. my sleeve was approved.

while this person was at my surgeon's office, the office manager discussed my insurance approval / insurance coding with her.

my surgery was not discussed - just insurance information about me getting approved.

is this illegal? i am not 100% sure about what the HIPPA law covers.

I'm appalled. This was definately a violation of HIPPA. The office manager could be/should be fired, and you have legal recourse if you feel your confidentiality was violated. YOU had a right to share your information with your friend; the office manager did NOT.

[Cleosan52 6]

What Information Is Protected

• Information your doctors, nurses, and other health care providers put in your medical record
  
• Conversations your doctor has about your care or treatment with nurses and others
  
• Information about you in your health insurer’s computer system
  
• Billing information about you at your clinic
  
• Most other health information about you held by those who must follow these laws
  

She was not allowed to talk about YOUR billing information however if you both have the SAME insurance, you have to make sure what she disclosed was not of YOUR personal information (esp YOUR name in the conversation referring to you) but just of general insurance information.

A provider or plan may also share relevant information with these persons if, using its professional judgment, it believes that you do not object.

• For example, if you send your friend to pick up your prescription for you, the pharmacist can assume that you do not object to their being given the medication.
  
• A referral by you to a health agency esp if you are present
  

[mommytoethan 1]

my name was used....both by my referral and the office manager.

[Cleosan52 6]

Not good. If the referral brought up your name, then the office manager should have told her, "Sorry, we are not allowed to discuss any other person with you. But here is your information and what you need to do, etc, etc." (that way they are not even acknowledging that you are a pt on their end, I say this all the time)

You do have a case here and could do one of two things. 1) Tell the office manager not discuss any of your information with anybody other than you and your husband or whoever else you allow. And let it go this time. 2) You can file accomplaint and it will go under investigation, with office manager being reprimanded and/or fired if this has happened before.

HIPPA is VERY serious.

[emilygrace 5]

I don't see the problem I have to say, if you sent the person there, so you and they and the office all knew that you had the surgery or were having the surgery. If they said, for example "Jane sent me here, she said you guys were great" and they, when explaining approval, said "Well here's what Jane did to get approved"... I would think you had effectively given your consent to be discussed by referring them there. They did not discuss any access of your healthcare protected information, and you had already confirmed by referring them that you are a client.

Certainly feel free to speak to the office and make it clear that you just sent them there but your name is not to be used. I doubt you'd get far with an official HIPAA complaint.