This showed up in my inbox today..
I read your article about trying to get your oxycodone filled. Having the same problem I had an ankle injury that pained me everyday I was seeing a fairly new dr actually a nurse practitioner she refused to give me narcotics well I had some from previous surgeries and tooth problems but it only lasted a week. Upon going to the dr again she said I needed a urine test to see if I could take narcotics I told her that I took ones prescribed to me and she took my urine a week later office staff called to say I am dropped from their office for drug seeking. In the mean time I finally had the surgery and my pharmacy keeps telling me they won’t fill it finally yesterday they told me they got a red flag from this dr and so did everyone In the county I can’t get meds filled anywhere so I was going to another county and now they tell the drug store that was filling my pain meds now I can’t go there. Is this a hippa privacy issue I’m do mad and depressed is there anything I can do?
Is it just me.. but.. since when is it illegal to take “old” meds that have been prescribed to you? It is not wise to hold on to old meds.. but.. it happens .. almost universal !
I don’t know.. but.. this must have been a small/rural area… you know the area.. where everyone knows you and your business !
I’m no expert on HIPAA… but.. for a ARNP, DR or RPH to “spread the word” about a particular pt.. to healthcare professionals that this person has/had no professional relationship with the pt… a SLIGHT HIPAA violation ?
WAGS learned the hard way.. about a HIPAA violations by employees
Walgreens must pay woman $1.44 million over HIPAA violation
Hopefully, this pt… who is also a healthcare professional.. exercises his/her rights to file complaints with the various agencies that are there to protect pts.
Filed under: General Problems
Actually some studies point to medications actually being good well past the ‘date stamped on the bottle’ as far out as 15 years in one the FDA conducted for the military. Some execptions of course…liquid antibiotics, nitro SL, insulin. So her Xanax was more than likely good as long as she was storing it in a dry place.
to whoever wrote this: PLEASE speak out! Contact an attorney, your legislature, anyone who has the power to change this travesty. Nothing will happen if you do not come forward.
I was counseling a personal lawyer friend of mine, who spent some time as a DA, about taking some left over controlled drugs she had. I made sure to warn her about the drug test risk, and she told me that in her jurisdiction they accept controlled rxs up to a year old for PRN medication. (unless something makes them investigate farther.
Talking to another health care provider about a patient is not a HIPAA violation. We have full rights to talk to and warn others about patients… I doubt you’ll get much traction with a HIPAA complaint since talking to other healthcare providers is allowed….. However, if you’re legit, and you can prove it, you might have a case with a slander lawsuit against the office who sent the warning out. If you are looking at involving lawyers, I’m thinking Slander will get better traction then HIPAA.
I wish you could forward the statue code number that possessing controlled meds that were prescribed for you.. becomes ILLEGAL possession after a certain period.. that is a new one on me. I also know that when using a PMP.. you have to agree that the pt you are seeking a report on..pt that has requested service, or is a current pt.. I believe that HIPAA has similar restrictions.. unless the person is doing some illegal – like forging Rxs. IMO..if your logic prevails.. then if the healthcare professional is found guilty of defamation/slander.. then the information shared.. becomes a HIPAA violation.. since the person was not involved in any illegal activity. This must have happen in a state whose PMP is not fully function… it sounds like to me that this ARNP comes to work with the opinion that he/she is not going to believe any explanation of extenuating circumstances and has taken on the function of judge, jury and executioner with a vengeance.
Post that statue IF you ever get it…I’ve put back a small stash of pain pills from some time ago to have on hand for my son or myself for kidney stones….never seems to fail they flare up on weekend or middle of the night and can be incapacitating (hint labor was easier). At least I can then make it to the ER.
I don’t think it was actually a law. It came up when she was asking me about drug expiration dates, she had some old generic xanax that she wanted to take and wanted to make sure it was still safe. Since I knew she was working as a DA at the time, and wanted to make sure she didn’t get caught in a random drug screen at the time, I brought it up controlled rx’s are only valid 6 months from date written (to be filled), she mentioned they look at 1 year for probation and other court ordered drug tests.
I need her lawyer!!!! Walgreens tech asked me what was my illness that I needed pain meds. I told him there were HIPPA laws and do not need to discuss that with him. I would love that attorneys name!
You don’t need an attorney.. here is the online complaint format http://www.hhs.gov/ocr/privacy/hipaa/complaints/
Thank you!!!!