Question:
Is this a hipaa violation when non custodial patent gets information?
Ashley
11 years ago
I have custody of my son and he get his medication filled at Walgreens. I had filled his perscription on Thursday for some allergy medicine because I noticed he was getting low. I filled it with intention of picking up the next day but a few days went by and then the weekend. The automated system had called me once on Saturday and Sunday, I then put a reminder on my phone to pick up on Monday after I left school. (Full time mommy and student and working part time also!) I had recieved a phone call from my sons father on Monday while on lunch break with him angry asking why I hadn't picked up my sons medicine. I knew what had happened that very moment. One of his previous flings or girlfriends whatever you call it works in tha pharmacy at the Walgreens where we get our medicine filled. She had called him to tell him they could not get ahold of me and I wouldn't pick his medicine up! Which I didn't receive a personal call only an automated one furthermore his father does not have custodial rights nor was any information of his on anything they have on file on my son Walgreens. She got his cell phone number from her own personal use/cell phone/memory and called to make me out to be a bad mom, or just as an excuse to talk to him! Needless to say I called the manager to complain, but he wouldn't be in that day till 1:30!! He called me back and told me he would handle it. I called back next day to see how he handled it I am not taking this lightly and she answered the phone! When he got on he explained to me she was out on suspension i said really? she answered the phone. He said and it starts this weekend!?!?! When this happened on a Monday but you'll give her the weekend off??? Hmmmm I hung up and called the district people! We will see how this goes but I'm just wanting other people's input. Is this a hipaa violation? It has to be!
Six answers:
?
11 years ago
As a nurse, I would say that since your son is a minor, BOTH parents are entitled to health information, unless there is a decree that prohibits the other parent from knowing the information. When your son is of legal age, he may choose for only one of you to get the information, but presently he is not able to make that determination. The courts can make it, but have you asked them for that provision? Does he pay any child support? If he does, he is certainly able to have that information.

I have to say I pity your child and the family dynamic you are exposing him to. He has very little chance of growing up with any semblance of normalcy. This may be a HIPAA violation, and if it is you might be able to get the girlfriend fired. Pat your vindictive self on the back. What if she is worried about the boy and made the call to make sure he gets the medicine even if you don't have the money to pay now? She may have the best of motives for making the call. I don't know her, nor do I know you, but I work in health care and see many good people in healthcare get in trouble because family members of patients can't get along with each other. Were you in fact harmed by her sharing information? No? then you cannot recover any monetary damages, your complaint might just be getting a person in trouble who does not deserve to be. She certainly did not use the information for her gain.

Was she suspended without pay for a weekend? Or longer? Can she afford to be without the check? Is your son emotionally scarred for life because his father paid for a prescription? Is he your meal ticket for getting free tuition at school? Can the manager give you confidential personnel action information? Did he just violate her rights by telling you she was suspended? Can she sue him and you now? Drop it and go on with life, learn to forgive. That is the best lesson you can teach your son, then MAYBE he will have a chance.
11 years ago
Read your divorce order carefully. Custody has many parts, and there should be a section that specifically talks about healthcare.



It also depends on your state. "Sole Legal Custody" might mean that you have complete decision making authority, but does not mean that the other parent has no access to medical information.



When he called you to ask about the medication, you should have just said that the last bottle isn't empty yet so it's not a hurry to pick it up. Just calmly give him the information that lets him know son is safe, and hang up the phone. Don't let him (or her) ruin your day.



And go to a different pharmacy next time.
S.N.
11 years ago
Nope. Just because you have custody doesn't mean he's no longer that child's father. Just like others have said: re-read your custodial rights & divorce papers and whatnot - pretty sure the father is still entitled to medical records since the child is a minor. The girl was just trying to be helpful by making sure your child was gonna get his meds - I doubt it was meant to be harmful. But if you have a problem with her why don't you just make life easier on everyone and switch pharmacies? Grow up.
barrudaki
11 years ago
Not really a HIPPA violation as it would be the stores policy violation. She contacted someone who is not the point of contact concerning the medication. She didn't give your ex any personal medical information, what she did was tell him about a prescription that was not picked up, that is not personal medical information.



As far as calling your ex about the prescription his number is not on the contact list for it, so he should not have been called, she mixed her personal knowledge with business knowledge. Also, if you want to avoid this in the future, switch pharmacies.
?
8 years ago
i would not push too lots, yet once you have no concern with him then possibly you're able to deliver a photograph now and back? perhaps invite him to a university adventure? i'm no longer able to understand the way he would not decide to be in touch! My husband fought enamel and nail for his little woman (who's additionally 5 now) and her mom fought him each step of how! He did no longer get to fulfill his daughter till some weeks till now she became 4! Oh how I choose she had a mom such as you who CARES approximately what's ultimate for her toddler particularly of being petty and struggling with with an ex who truly could no longer care much less relating to the lost relationship, yet is centred on the youngster! Kudos to you! My dad replaced into similar to this ex you're speaking approximately. He did no longer unquestionably must be a dad, yet he sent money to my mom each month and he observed us each few weeks. there replaced right into a 12 months the place we did no longer see him in any respect, yet when I became sixteen he replaced into extra in touch. i'm turning 20 the following day and my dad and that i've got a brilliant relationship. My husband and that i are going to stay with him for the weekend to have fun :) issues can prove extra advantageous, yet i would not propose pushing him too lots. merely tender nudges and he will come around if he needs to. If no longer then i assume the only one which would be harm is him while he sees that your toddler has bonded which contain your new better half particularly of the bio dad.
hotwheels122287
11 years ago
first of all..... custody of your child has nothing to do with medical records SO LONG as his rights have not been completely terminated..... if the father is listed as a second contact (which he more than likely is listed as an emergency contact..... there always is) then the pharmacy has the right to contact him.



second..... you have only assumptions and wild ones at that saying that his "fling" called him. you have no proof of that unless he TOLD you that.



i garantee this "other woman" had nothing to do with wanting you to look like a "bad mom" that is just a stupid assumption on your part.... she knows very well she could lose her job if she did that and i garantee that she probably does not want to deal with such drama. but of course shes going to have to be disciplined for this due to your complaint. and it is up to the manager to determin when such discipline takes place. not you.


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