[dman4384]

How can disclosure of patient info to the patient be a violation under HIPAA?

Now if they gave her info to ME or you.

But as the patient, she is entitled to those records.

It boils down to this: She is offended that someone else thinks this of her and now she wants them to pay.

(It is unprofessional, but not a HIPAA violation)

[indcons]

Hmm....good point...got to think about that one. You may be right though.

[TAdams8591]

Exactly, I thought the same thing.

[KarlInOhio]

How can disclosure of patient info to the patient be a violation under HIPAA?

Is it a HIPAA violation to give information about a patient's multiple personality disorder to the wrong personality?

[rlmorel]

Agreed. Unprofessional, but not a HIPAA violation.

But, sounds like the pharmacy's internal "notes" were justified.

[BossLady]

I was just talking a Pharmacist about this....and it's not a HIPPA violation if they gave the information to HER! It was HER script.

Pharmacies often make notes on patients to know how to deal with them....no big surprise. The Psych Pharmacy up UNR keeps copious notes on patients because they DO have serious disorders and they want to keep their staff safe.

It will be interesting to see what happens in the end on this one.

[Dont Mention the War]

How can disclosure of patient info to the patient be a violation under HIPAA?

HIPAA can get very complicated, but my guess is her lawyers are going to make the argument that at least some of the people with access to those comments do not qualify as "medical personnel" under HIPAA regulations (like, say, someone that just runs the cash register). There may also be rules about people "adding information to medical charts" when they don't have the education or the licenses to do so.

In any case, writing "CrAzY!" on someone's record makes Walgreen's look like a bunch of complete sleazebags, whether any laws were broken or not. If the suits at corporate HQ have any brains, they'll settle this suit real fast and immediately clamp down on the use of such "note" fields for any nonessential employee comments.

[redgirlinabluestate]

How can disclosure of patient info to the patient be a violation under HIPAA? Now if they gave her info to ME or you. But as the patient, she is entitled to those records. It boils down to this: She is offended that someone else thinks this of her and now she wants them to pay. (It is unprofessional, but not a HIPAA violation)

I agree with you. Nobody would have known about this had she not publicized it herself. Plus, truth is a defense! It was rude, insulting, embarassing and inappropriate, but I don't think it is actionable. At least, it shouldn't be.