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Old Mar 21, 2011, 03:55 PM
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spacemonkey36 spacemonkey36 is offline
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Member Since: Mar 2011
Location: Washington State
Posts: 81
I'm gonna say for sure, I know that now is definitely not the time to be making any reports, whether I decide to or not: given the housing situation, etc...

I have documentation: a couple emails that the therapist printed out--I didn't bother to read them in their entirety. But she said very clearly, I was "discussed with people who had no business knowing anything about you..." But she did not leave because she had a dispute-it wasn't a "disgruntled employee" type of thing. I asked her that-what her reasons were for leaving.

What she said was that about a year ago, about 9 or 10 of the CM's and therapists got together-and had a "meeting," to discuss this type of thing: how clients were being discussed outside of their sessions and care, that some, as my case, were treated like the "lunchroom joke," and that all but one agreed it was something that had been eating at them all for some time. They each agreed that no matter what was said: they would print out and take with them inappropriate emails, and 3 of them did make HIPAA violation reports and the agency in one of those cases was successfully found to have violated HIPAA on 3 occassions, and they were fined $300K total, and warned that if there were any more violations, there would be some major "trouble," or essentially something to that effect. Truthfully, that's enough for me-albeit a small one, some measure of justice is better than none.

As a professional myself, yes, it's permissible to share a case with a collegue, seek their advice: but what is not okay, if you were to read through the HIPAA act itself, is to use identifying information-specifically, names, and other info where the other provider can know who that person is, and most definitely not okay to allow them to become the lunchroom joke. Or even as frustrated as you gets, say, "That Mrs. So-and-So in room 320 makes me so mad! You know what she did? She ______! What a crazy person!" And this was (a simplified version) of how they discussed not just me, but other clients as well. And that is a violation of HIPAA: it doesn't just apply to patient records in terms of documents, but any identifying patient information.

But you guys have excellent points: the housing situation right after major surgery; that yes, they could paint me as a "crazy, unstable and mentally ill" person and therefore unreliable, and even though not only is that not true, but neither is my therapist leaving because of being disgruntled. She took the job to save up enough to start her own practice so that she could afford to treat on a sliding scale; her husband makes bank at Boeing. They don't need her income; she is in it to help people who otherwise can't afford the therapy. There's no "Do you have insurance (I do, but my copays are ridiculous, and unaffordable b/c I only am part-time; they say nurses are in demand, but the hours I have to work are worrisome)? And there's no "cash on the day of the visit," and so forth...we discuss my budget, and I pay her as much as I am able to without denying myself things like groceries.

Yes, my credentials are up to date, but I no longer work in the field. Nursing is not what it was when I got into it, and I can't live with myself and continue doing what I was. I would see people diverting (stealing narcotics from patients, many of whom were severely in pain and/or dying), and it was happening so often, it was sickening. And also often, it was situations like mine: listening to other RN's discuss their patients much the way I know I was. It's not a pleasant feeling. So, yeah, I am broke much of the time.

But rich in other ways.

So no, I likely will not report it: at least until I am moved into my new place, and it's still within the 3 years you have to report HIPAA, and even then, if it's close, and there's a good reason, they can make exceptions. But I also need my therapists cooperation: and I know just how much that would be asking of her--she's got more at stake even than I do, and I will not ask her to stake her career if she isn't able to...I won't take someone's livelihood. Reputation, etc. Plus, it's true: it'd be a case, if taken to court, that would boil down to them not only ripping my life apart, but also presenting it as a smear not just on me, but my therapist. I was part of a class action lawsuit, and it was a six-year battle, and it was ugly...and I won't put myself (or anyone else) through that again... This is why lawyers are compared to politicians and used car salesmen (no offense to those who are respectable members of said profession...there are a few-my PI lawyer was wonderful-but my experience with attorney's has not been positive in general).

And really, there comes a time to let go and move on... Staying angry, and wanting to "get even" is really an unproductive use of my time, my therapist's. And besides, karma is a b****. It's out there waiting to kick your butt when you least expect it. And give them the satisfaction of knowing it bothered me??? Not a chance!

Thanks for your thoughts!

Blessings,
Jenna