Thread: Skype and HIPAA
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Old Feb 09, 2019, 03:43 PM
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susannahsays susannahsays is offline
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By saying you were wrong to Google the names that came up on Skype, it seems to me like she was not taking full responsibility for using Skype and therefore not maintaining strict HIPAA compliance. While there could be arguments that looking up names that you knew might be other clients isn't quite right morally*, that is a completely separate issue from her transgression. She cannot expect you to diminish the effects of her actions. It was her responsibility as the provider to maintain HIPAA compliance. Skype is well known to not be HIPAA compliant. If she had done her due diligence - even a basic Google search on this - she would have known.

As for the whole feeling like she doesn't trust you thing, I admit from your exchange I don't really understand where you came up with that. This woman is clearly either not tech savvy at all and is completely reliant on an IT department or company to manage things for her, or she didn't know what else to say. I agree that it would have been good for her to express appreciation that you brought the issue to her attention in her initial response - and I think it was reasonable for you to have expected this. I do think your "you're welcome" comment could have easily been misinterpreted. If someone said that to me, I would not perceive it as them making a humorous comment to close the topic. I'm also wondering if it's easy to tell when you're making a lighthearted or humorous comment. I know you've mentioned before that you're schizoid, and people with that diagnosis can sometimes come across as humorless and flat emotionally. Obviously, people are different and that may not apply to you, but sometimes it's hard to tell when certain people are serious and when they are joking - and that actually applies to everybody, not just schizoid individuals. As for the controlling thing, I don't really know what she meant by that, unless she was referring to you feeling like she doesn't trust you just because she consults with professionals.

I don't know if I'd call what could be happening countertransference, as that would indicate she was bringing emotions that have nothing to do with you into her relationship with you. I do think that your tumultuous relationship with this therapist may have resulted in resentment on both sides. You clearly have some towards her, and while she is supposed to be able to manage her feelings, "supposed to" does not necessarily translate to "does."

*I think of it similarly to when celebrities have nude photos leaked online - like that whole iCloud thing. I think it is morally wrong to view such pictures, even if they are publicly accessible, because they were obtained without the permission of the subjects. The names on the Skype, if they were or even could be clients, were in breach of HIPAA and therefore represented an illegal disclosure of client information. You can't help that you saw the names, but you can avoid taking advantage of an illegal disclosure. Other names you might look up in association with your therapist are different because they are not subject to legal protections or privacy laws.
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