I wanted to post this in the "legal discussion forum" but it is closed to new posts so I thought I would put it here because it deals with the prescription of opioids and pain management. If a mod feels there is a better forum for this thread please move it because I really need some input from other members that have experience with this issue or suggestions.
To begin-
This involves a cpp (Chronic Pain Patient) that has been in and out of opioid therapy nearly her entire life for pain from numerous injuries sustained after being struck by a bus as a drinking. My question involves phi (protected health information) as it pertains to Hipaa (Health Insurance Portability and Accountability Act of 1996).
I have worked in health care for over 15 years and have undergone extensive Hipaa training but I am having difficulty finding a conclusive answer to something I believe is a violation by the cpp's clinic.
My question involves this cpp who has a parent that believes the use of any addictive substances for anything other than acute pain to be a problem that needs intervention and rehab. When the parent learned of her adult child being a patient of a pain management clinic she felt obligated to call the clinic and make false allegations against the patient in order to prevent any prescription of addictive substances to occur.
The question is: Did the clinic violate the patient's right to confidentiality by telling the parent she "was a patient at the clinic"? Having worked at a hospital for many years, under no circumstances were we allowed to verify that any person was a patient of the hospital unless it was someone treating 'said' patient with adequate responses to key questions. I understand that there are situations in which family members can ask if a loved one is under care in emergency situations but cannot ask if someone is being treated for the purpose of making false accusations against the patient in order to manipulate changes in the patient's treatment.
Not only did the clinic confirm that the patient was actively being treated but allowed the parent to falsely accuse the patient of theft for the purpose of feeding a drug habit, history of addiction, and stating that the patient's deceased father died of a drug overdose.
The mother had little to no contact with the father and not even the patient is sure of the cause of her father's death. I know anyone reading this might ask why someone would be so brazen to do this to their child but while it is obviously a case of a sick, malicious mind, it isn't the question.
This patient came to me to collect evidence of the parent's psychological instability and I was shocked that the clinic would not only confirm the patient's status but then take down the false information. It is very difficult to find a good PM doctor that will accept this cpp's insurance. She felt humiliated that that clinic would ask her to vindicate herself against these accusations but I had plenty of evidence, being involved with the mother (now I am humiliated) briefly.
So, aside from all the extraneous details, did the clinic act improperly, illegally? They never provided any information other than the patient was in 'active' status. I just cannot believe that she has to prove her mother is mentally unstable and a pathological liar for them to continue treating her.
To begin-
This involves a cpp (Chronic Pain Patient) that has been in and out of opioid therapy nearly her entire life for pain from numerous injuries sustained after being struck by a bus as a drinking. My question involves phi (protected health information) as it pertains to Hipaa (Health Insurance Portability and Accountability Act of 1996).
I have worked in health care for over 15 years and have undergone extensive Hipaa training but I am having difficulty finding a conclusive answer to something I believe is a violation by the cpp's clinic.
My question involves this cpp who has a parent that believes the use of any addictive substances for anything other than acute pain to be a problem that needs intervention and rehab. When the parent learned of her adult child being a patient of a pain management clinic she felt obligated to call the clinic and make false allegations against the patient in order to prevent any prescription of addictive substances to occur.
The question is: Did the clinic violate the patient's right to confidentiality by telling the parent she "was a patient at the clinic"? Having worked at a hospital for many years, under no circumstances were we allowed to verify that any person was a patient of the hospital unless it was someone treating 'said' patient with adequate responses to key questions. I understand that there are situations in which family members can ask if a loved one is under care in emergency situations but cannot ask if someone is being treated for the purpose of making false accusations against the patient in order to manipulate changes in the patient's treatment.
Not only did the clinic confirm that the patient was actively being treated but allowed the parent to falsely accuse the patient of theft for the purpose of feeding a drug habit, history of addiction, and stating that the patient's deceased father died of a drug overdose.
The mother had little to no contact with the father and not even the patient is sure of the cause of her father's death. I know anyone reading this might ask why someone would be so brazen to do this to their child but while it is obviously a case of a sick, malicious mind, it isn't the question.
This patient came to me to collect evidence of the parent's psychological instability and I was shocked that the clinic would not only confirm the patient's status but then take down the false information. It is very difficult to find a good PM doctor that will accept this cpp's insurance. She felt humiliated that that clinic would ask her to vindicate herself against these accusations but I had plenty of evidence, being involved with the mother (now I am humiliated) briefly.
So, aside from all the extraneous details, did the clinic act improperly, illegally? They never provided any information other than the patient was in 'active' status. I just cannot believe that she has to prove her mother is mentally unstable and a pathological liar for them to continue treating her.
