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Topic: What Do You All Think? (Read 822 times) |
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mynm156
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What Do You All Think?
« on: Apr 13th, 2005, 1:49pm » |
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The State revoked my professional License and I was forced to quit my job . The reason why my license was revoked was partially an error buy my employer. While I am awaiting my appeal for my License, I filed for unemployment ? My former employer is a Hospital and I have used thier services there for myself and family as needed.
I was called by unemployment office and my case worker (Amy) asked me if my reason for quitting was Health related. At which time I said no. She then asked me a couple of detailed medical questions. She then informed me that my former employer had appealed my claim and said I quit for medical reasons. Amy was looking at my file as we spoke and they had provided her with copies of my medical records from visits to the hospital.
My question is that regardless of whom it was sent for and what it was sent for. Isnt that a violation of my privacy and the HIPAA laws. My former employer used thier position as a Hospital to access my medical records and attempted to use that information as a defence against my unemploment claim.
What do you think.
Thanks
MYNM156
UPDATE
I spoke with my legal advisor and while there is a violation and there is a certain probable amount of damages that could be gotten from litigation. The question is did any harm come of it? I argue that yes I was embarrassed by the questions asked of me generated by that information. I’d also argue that it while I still got my claim it was their intent to harm by blocking the claim. Also is it just me or does this seem particularly hennas? I mean in my case they were my employer they also happen tobe a hospital I trusted with my care as their employee! They turned on me. I was advised to file a complaint with The Dept of Health and Human services and let them do the investigation.
Well what do ya all think now??
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| « Last Edit: Apr 15th, 2005, 12:10pm by mynm156 » |
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TxBasslady
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Re: What Do You All Think?
« Reply #1 on: Apr 13th, 2005, 1:53pm » |
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Sounds a bit shady to me....
Certainly appears that they accessed those records for their benefit.
I would be tempted to contact my attorney.
Jean
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Jeepgun
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Re: What Do You All Think?
« Reply #2 on: Apr 13th, 2005, 1:53pm » |
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Oh man... I would definitely sit down and have a lengthy heart-to-heart talk with an attorney, bro'. This just isn't right.
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Lobster
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Re: What Do You All Think?
« Reply #3 on: Apr 13th, 2005, 3:08pm » |
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Yep. Attorney time. Name your new hospital after me.
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clarence
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Re: What Do You All Think?
« Reply #4 on: Apr 13th, 2005, 3:16pm » |
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Quote:
Thoughts, mostly.
Oh yeah, and talk to an attorney.
Casey
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nani
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Re: What Do You All Think?
« Reply #5 on: Apr 13th, 2005, 3:21pm » |
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Yup...an attorney.
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Jonny
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Re: What Do You All Think?
« Reply #6 on: Apr 13th, 2005, 3:29pm » |
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Yup...Sue the sons of bitches!!!!!!
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
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Re: What Do You All Think?
« Reply #7 on: Apr 13th, 2005, 3:33pm » |
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If you haven't already... get out a calendar and start documenting everything.
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don
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Re: What Do You All Think?
« Reply #8 on: Apr 13th, 2005, 3:36pm » |
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Quote:In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside business for purposes not related to their health care.
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Did you sign anything upon hire?
For technical assistance or to file a complaint:
http://www.hhs.gov/ocr/hipaa/assist.html
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| « Last Edit: Apr 13th, 2005, 3:40pm by don » |
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mynm156
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Re: What Do You All Think?
« Reply #9 on: Apr 13th, 2005, 5:29pm » |
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on Apr 13th, 2005, 3:36pm, don wrote:
Did you sign anything upon hire?
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No. The requests have to be specific. They can not be a general release. I also feel I had better talk to my attorney before filling a complaint.
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BlueMeanie
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Re: What Do You All Think?
« Reply #10 on: Apr 13th, 2005, 6:00pm » |
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The part about your employer using your medical records to dismiss you isn't right. I question the fact that if you lost your license, why would they even need to look at your records. Would you normally be allowed to work without a license ? Just asking because I'm sure the lawyer is gonna ask the same questions.
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Missy_Donna
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Re: What Do You All Think?
« Reply #11 on: Apr 13th, 2005, 6:22pm » |
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I just talked to a close friend who is a RN, and she advises that you won't be needing the unemployment case worker much longer, because you can be into that hospital for some really big bucks with the help of an attorney.
What they did is definately in direct violation of the HIPPA laws. You MUST sign a medical info release before the hospital (or anyone) is allowed to provide anyone with your medical info.
You can see an attorney with free consultation where he/she will tell you if you have a case or not. They will get their money in the end when you collect. Be sure you have the right kind of attorney. Good luck!!
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mynm156
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Re: What Do You All Think?
« Reply #12 on: Apr 13th, 2005, 7:31pm » |
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on Apr 13th, 2005, 6:00pm, BlueMeanie wrote:| The part about your employer using your medical records to dismiss you isn't right. I question the fact that if you lost your license, why would they even need to look at your records. Would you normally be allowed to work without a license ? Just asking because I'm sure the lawyer is gonna ask the same questions. |
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No you misunderstand me. I Quit. The whole story goes like this. I was place on probabtion by the Licensing board. For a DUI I had several years ago. Part of the probation was that my Employer file quartly reports to the board as to my performance. My employer knew this and never did it. I never knew that they didnt do it. I just went about my job saving lives. The Board revoked my license and now I have to appeal.
I filed for unemployment because of this. My employer in what appears to me tobe an attempt to avoid the claim. Tried to state that I quit because of health reasons and sent some of my personal medical records to the Unemployment office. This failed by the way the unemployment office didnt by it.
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Charlie
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Re: What Do You All Think?
« Reply #13 on: Apr 13th, 2005, 7:44pm » |
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Sucks big time. Rats. 
Sounds to me like you need a long talk with a legal eagle.
Charlie
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Jonny
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Re: What Do You All Think?
« Reply #14 on: Apr 13th, 2005, 7:53pm » |
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on Apr 13th, 2005, 6:22pm, Missy_Donna wrote:| What they did is definately in direct violation of the HIPPA laws. You MUST sign a medical info release before the hospital (or anyone) is allowed to provide anyone with your medical info. |
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Notice the word "ANYONE" in Donnas post.
Go gettem Bro!!!! 
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
- Guiseppi
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Redd
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Re: What Do You All Think?
« Reply #15 on: Apr 13th, 2005, 8:30pm » |
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Sounds to me like you would have two cases against your employer. First is failure to comply by not giving the quarterly reports, and second for violating HIPPA Regulations.
Me Thinks you could very well come out a very very rich man over this.
(remember us peons once you are flithy rich ok? I could use a small 3 BR house w/ basement maybe you could front me the down payment huh?
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Kris_in_SJ
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Re: What Do You All Think?
« Reply #16 on: Apr 13th, 2005, 9:09pm » |
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Ditto to everything above.
Kris
PS: When you are rich and ready to help all your cluster friends, I would like one of those flat TV's I can hang on the wall.
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BlueMeanie
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Re: What Do You All Think?
« Reply #17 on: Apr 13th, 2005, 9:14pm » |
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O.K., that makes it a little more clearer. I hope you have a copy of all your evaluations to show the board to get your license back.
Good Luck.
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mynm156
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Re: What Do You All Think?
« Reply #18 on: Apr 14th, 2005, 12:48am » |
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on Apr 13th, 2005, 9:14pm, BlueMeanie wrote:O.K., that makes it a little more clearer. I hope you have a copy of all your evaluations to show the board to get your license back.
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XACTLY! Its a pain in the ASS but I just may have the last laugh from my freshly paid off house. hahahaha
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kimmeesue
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Re: What Do You All Think?
« Reply #19 on: Apr 14th, 2005, 10:05am » |
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Before you start counting your $$$$ check with an accountant or you could end up like the lady recently in the news who after winning a sexual harassment suit now owes Uncle Sam more than she collected after paying legal fees.
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mynm156
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Re: What Do You All Think?
« Reply #20 on: Apr 14th, 2005, 11:06am » |
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on Apr 14th, 2005, 10:05am, kimmeesue wrote:| Before you start counting your $$$$ check with an accountant or you could end up like the lady recently in the news who after winning a sexual harassment suit now owes Uncle Sam more than she collected after paying legal fees. |
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Thanks Kimmeesue what a buzz kill.  hahahaha just kidding. I am not really counting anything. I feel that this is without a doubt WRONG in both the Moral and legal sense. I have a call out to my legal advisor and I am sure she will let me know what she thinks.
Now that sucks! Yeah I would have to have EVERYTHING checked out. I bet Uncle Sam takes a good 39% and any attorney would be up there too. I would try to have anything to include the Land Sharks fee as well.
hahahaha
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Jonny
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Re: What Do You All Think?
« Reply #21 on: Apr 14th, 2005, 3:32pm » |
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Hmmmmm, I was in a six car pile up on the freeway and sued the guy we hit, the guy that cut him off and the guy that was driving the car I was in
After the shark to his cut I got the rest and never paid a dime in taxes, I was told I didnt have to.....I guess it depends on the case.
Yes, I sued the guy driving the car I was in
If im in your car and get hurt.....FUCK YOU, PAY ME
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
- Guiseppi
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LadyLuv
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Re: What Do You All Think?
« Reply #22 on: Apr 14th, 2005, 3:59pm » |
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Will you still be my CH friend with you're rich..
In most states, this is a serious violation. Your medical record should only be available for release with your written permission.. See an Attorny right away...
The violation of not submitting the quartly reports is what caused you your job.. which denies you of being able to support your self and family.. Another law suit within its' self..
Make sure you keep a paper trail, with times and dates of ever thing that's did or said..
Peace & Blessings
Lady Luv
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| « Last Edit: Apr 14th, 2005, 4:08pm by LadyLuv » |
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TomM
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Re: What Do You All Think?
« Reply #23 on: Apr 14th, 2005, 4:09pm » |
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on Apr 14th, 2005, 3:32pm, Jonny wrote:Hmmmmm, I was in a six car pile up on the freeway and sued the guy we hit, the guy that cut him off and the guy that was driving the car I was in
After the shark to his cut I got the rest and never paid a dime in taxes, I was told I didnt have to.....I guess it depends on the case.
Yes, I sued the guy driving the car I was in
If im in your car and get hurt.....FUCK YOU, PAY ME |
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Setttlements for injuries are non-taxable. My wife is a medical malpractice/ personal injury/products liability attorney. I'm sure your attorney sued the insurance comapany b/c thier pockets are deeper than most individuals.
BTW---that shark got you $$$ you did not have. You paid for a service just like you pay your doctor, or HVAC guy or some one who builds fine, shiny metal objects. Get my point?
TomM
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| « Last Edit: Apr 14th, 2005, 4:09pm by TomM » |
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Jonny
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Re: What Do You All Think?
« Reply #24 on: Apr 14th, 2005, 4:15pm » |
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You need to chill Tom....."Shark" must be the "N" word in that profession, huh? 
I bet you never told a lawyer joke, huh?
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
- Guiseppi
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