HIPAA violation: What would you do?

[WLSResources/ClothingExch 3,444]

This isn't really a rant, but none of the other forum options are better suited. Ordinarily I'd make my own decision without discussion, but circumstances are clouding my thinking in general.

Punchline: I requested a 2014 CD of radiology images with the written report from the radiology facility. I received a written report about another person and was unable to open the CD (it needs some sort of special program) that came with it to find out whose name is on the images.

Details:
- I made the request by phone two days ago for the materials. I was told it would take three days to process the request [and then however long once in the Post Office's hands].
- The materials arrived today; postmark is two days ago. I saw another name/dob/date of service on the written report. My laptop doesn't have the special program needed to open the CD. Someone had written my name/dob/date of radiology on the CD itself; this has no bearing on the actual content.
- Phoned the radiology facility and discussed their error. The woman who got my call (same one I made the request to) sounded upset. She asked me to shred and seemed about to sign off. I reiterated that I need my things and that I want to be sure no one thinks my request has been fulfilled. She said they'd be sent.

Question: Would you report this to HIPAA or let it go? I a couple of hours have passed since I opened the package and my concern, irritation and anger have increased. I keep leaning more toward filing a report.

[LipstickLady 25,682]

I would let it go. You couldn't open it so safe guards are in place. I think this was a victimless error, but that's just me.

[WLSResources/ClothingExch 3,444]

@@LipstickLady, I appreciate that and I expect that, given a good night or two of sleep, I'll take the route and focus on the important things. I'm just feeling damned irritable about everything. ............ Yeah, I need some time. I just googled the program needed, K-Pacs, and it is free and downloadable by anyone. I'm not going to download it because it's most unlikely that the CD of my images has been sent anywhere.

[SpiritedOne 35]

It really depends on how comfortable you are with the mistake. Do you feel comfortable knowing that this mistake could happen again? I completely understand human error however, you don't know if this has happened before either. You may feel that your file didn't have much information but the next persons might be more involved. The fact that the program needed to open the CD is a free download makes it more of a risk factor of the wrong information getting out there. I would possibly contact someone in the HIPPA office and just inquire about the place in question. If there are other cases, then file, if there isn't see if a note rather than a case be made. Not sure how it works but I wouldn't want my information out for anyone to view these days. Who knows what could happen.

Edited December 29, 2016 by SpiritedOne

[Nicetomeetyou 82 41]

People are human and make mistakes. With that being said I would show up and request in person. I definitely wouldn't report it.

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[jillk101 23]

I would let it go

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[john925 175]

Let it goooo let it goooo

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[highfunctioningfatman 2,675]

Unfortunately hippa is huge. I would call the office and ask for the management. I would explain what happened and my concerns. I definitely wouldn't drop it because this could be happening to other patients without management knowing and the office staff telling you to destroy it may be just covering someone's ass.

[SpiritedOne 35]

People are human and make mistakes. With that being said I would show up and request in person. I definitely wouldn't report it.

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I agree with that, however, no one knows how many times this has happened. Like someone else said, this could be happening without management's knowledge which could leave the doctor open to some real issues.

[LittleBill 2,231]

I would call the office, ask to speak to the manager, explain the whole issue, and request that the person in question be torn a new rear end. She does not need to be fired, but she does need some training.

[Nicetomeetyou 82 41]

People are human and make mistakes. With that being said I would show up and request in person. I definitely wouldn't report it.

Sent from my SM-G935V using the BariatricPal App

I agree with that, however, no one knows how many times this has happened. Like someone else said, this could be happening without management's knowledge which could leave the doctor open to some real issues.

Then I would speak to a manager or the doctor. However, in my experience reporting to hippa get messy and nasty

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[WLSResources/ClothingExch 3,444]

@ -- I've been going back and forth, when I've thought of it, since opening this topic. I will at the least call top mgmt of the radiology facility. It was never my intention to shred the other person's written report or CD before deciding my action and its resolution. I realize that my materials haven't been sent anywhere, but I am concerned that the stranger's were. It turns out that the program needed to view the CD is a free download available to anyone. Since I'm confident the CD can't be mine (the timing makes it so), I have no interest in it; I wouldn't be sure of what I"d be looking at anyway.

@@john925 -- You funny, but I'd have expected something from The Wizard of Oz, given how your beautiful wickedness is melting.

@@Nicetomeetyou 82 -- I don't know what you mean by filing with HIPAA getting messy and nasty, but such things don't phase me. It's too bad that you had a bad experience. You're smart about picking up in person. I would if the place were in the city rather than a rough part of another borough. They had a temp location nearby or I wouldn't have gone to them.

[jtraub12 7]

Hi, I am a RN, and in my experience, she did right to ask you to shred. We would ask that, or for it to be sent back. It happens to the best of us, and I can assure it never happened again! (I faxed the patient's test results to the wrong number.. or something along those lines!) But it should be reported to management because a report is usually filed for their records, and also to talk to the employee regarding issue and further training if needed.

[Steven1954 89]

Advise them of the error and let it go. There was no intent nor harm to anyone. They must be more careful

[WLSResources/ClothingExch 3,444]

@@jtraub12 -- The woman I spoke to about the error is on the front line -- taking calls and processing requests, et al. She was the one I made the request to. I'm not going to destroy anything until after I speak with a company official. Asking me to shred was the right thing for the privacy of the person whose records I received; I have no interest in reading or viewing them.

Come to think of it, during the second call I wasn't asked whose records I did get. This certainly needs to be reported because that person is waiting for them.

Thanks, all.