HIPAA violation: What would you do?

[ready2bgreat 12]

Working in the medical field , most of us take this very seriously and it isn't taken lightly, she probably sounded frustrated because she was upset with herself for making the mistake. Healthcare workers work long hours and are doing way too much multitasking! You can destroy it and report it to her superior to get her in trouble but it isn't usually something you are supposed to open, they are supposed to go to the next provider. So usually no harm done. .. but we get the frustration. totally

[swimbikerun 1,045]

I disagree. If you report it, they will retaliate. That is what happened to me. They don't care if the law says dont, I have proof that they will. Not just me but others. There was recently at least 1 multi million dollar whistleblower lawsuit because of admins doing this. It should be reported and documented up the hilt.

[elisa5150 212]

First of all you can't report to HIPAA because it's a law not an organization. You can complain to AMA. The fines are up to $250K dependent on negligence and they are given a timeline to correct the problem. You were asked to shred. This is common. Frequently the accompanying documents will state that if you are not the intended recipient that you should contact sender and destroy. If you are going to request in person then you can return the materials to the office manager. While mistakes like this are alarming it's best to give the organization an opportunity to learn from and correct the mistake.

Sent from my iPad using the BariatricPal App

[swimbikerun 1,045]

I've found they don't get fined, and in addition, it is not the AMA you complain to. Its the HHS/OIG. I've done the complaints and that is who I complain to. Do not complain to the hospital itself. Let it be in writing to HHS/OIG first because you really don't get responses unless the govt. puts its nose in and you have a record of retaliation.