A doctor handed me a prescription for medication. A week later when I went to get the prescription filled I noticed the prescription was for another patient. I notify the doctors office of the mistake and got a bunch of runaround from them. Therefore I am not convinced that they followed proper HIPAA protocol and notified that patient that I received his personal health information. Is the doctors office required by law to notify that patient at the HIPAA violation?
Yes, the doctor is required to send you a letter detailing the breach. However, simply because you received a prescription intended for another patient does not mean that patient got your prescription. That patient's medical information was breached, and the doctor's office must notify that patient. You can send a written complaint to the doctor asking for an investigation.
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
Yes, but the doctors office is not required to update you or give you any information about what they have done or not done. Its between the doctor's office and the other person. You have done what you can do.
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