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        New Message Board Archives >> 2005 General Board Posts >> What Do You All Think?
        
(Message started by: mynm156 on Apr 13^th, 2005, 1:49pm)

Title: What Do You All Think?
Post by mynm156 on Apr 13^th, 2005, 1:49pm

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 The reason why my license was revoked was partially an error buy my employer.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??

Title: Re: What Do You All Think?
Post by TxBasslady on Apr 13^th, 2005, 1:53pm

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

Title: Re: What Do You All Think?
Post by Frank_W on Apr 13^th, 2005, 1:53pm

Oh man... I would definitely sit down and have a lengthy heart-to-heart talk with an attorney, bro'. This just isn't right.

Title: Re: What Do You All Think?
Post by Rock_Lobster on Apr 13^th, 2005, 3:08pm

Yep. Attorney time. Name your new hospital after me.

Title: Re: What Do You All Think?
Post by clarence on Apr 13^th, 2005, 3:16pm

Quote:

What do you think?

Thoughts, mostly.

Oh yeah, and talk to an attorney.

Casey

Title: Re: What Do You All Think?
Post by nani on Apr 13^th, 2005, 3:21pm

Yup...an attorney.

Title: Re: What Do You All Think?
Post by Jonny on Apr 13^th, 2005, 3:29pm

Yup...Sue the sons of bitches!!!!!!

Title: Re: What Do You All Think?
Post by lionsound on Apr 13^th, 2005, 3:33pm

If you haven't already... get out a calendar and start documenting everything.

Title: Re: What Do You All Think?
Post by don on Apr 13^th, 2005, 3:36pm

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.

Did you sign anything upon hire?

For technical assistance or to file a complaint:
http://www.hhs.gov/ocr/hipaa/assist.html

Title: Re: What Do You All Think?
Post by mynm156 on Apr 13^th, 2005, 5:29pm

on 04/13/05 at 15:36:44, don wrote:

Did you sign anything upon hire?

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.

Title: Re: What Do You All Think?
Post by BlueMeanie on Apr 13^th, 2005, 6:00pm

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.

Title: Re: What Do You All Think?
Post by Missy_Donna on Apr 13^th, 2005, 6:22pm

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!!

Title: Re: What Do You All Think?
Post by mynm156 on Apr 13^th, 2005, 7:31pm

on 04/13/05 at 18:00:36, BlueMeanie wrote:

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.

Title: Re: What Do You All Think?
Post by Charlie on Apr 13^th, 2005, 7:44pm

Sucks big time. Rats. >:(

Sounds to me like you need a long talk with a legal eagle.

Charlie

Title: Re: What Do You All Think?
Post by Jonny on Apr 13^th, 2005, 7:53pm

on 04/13/05 at 18:22:59, 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.

Notice the word "ANYONE" in Donnas post.

Go gettem Bro!!!! ;;D

Title: Re: What Do You All Think?
Post by Redd715 on Apr 13^th, 2005, 8:30pm

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? ;;D

Title: Re: What Do You All Think?
Post by Kris_in_SJ on Apr 13^th, 2005, 9:09pm

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.

Title: Re: What Do You All Think?
Post by BlueMeanie on Apr 13^th, 2005, 9:14pm

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.

Title: Re: What Do You All Think?
Post by mynm156 on Apr 14^th, 2005, 12:48am

on 04/13/05 at 21:14:04, 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.

XACTLY! Its a pain in the ASS but I just may have the last laugh from my freshly paid off house. hahahaha

Title: Re: What Do You All Think?
Post by kimmeesue on Apr 14^th, 2005, 10:05am

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.

Title: Re: What Do You All Think?
Post by mynm156 on Apr 14^th, 2005, 11:06am

on 04/14/05 at 10:05:27, kimmeesue wrote:

Thanks Kimmeesue what a buzz kill. :P 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

Title: Re: What Do You All Think?
Post by Jonny on Apr 14^th, 2005, 3:32pm

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 ;;D

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 ;;D

If im in your car and get hurt.....FUCK YOU, PAY ME ;;D

Title: Re: What Do You All Think?
Post by LadyLuv on Apr 14^th, 2005, 3:59pm

Will you still be my CH friend with you're rich..;;D

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

Title: Re: What Do You All Think?
Post by TomM on Apr 14^th, 2005, 4:09pm

on 04/14/05 at 15:32:49, Jonny wrote:

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

Title: Re: What Do You All Think?
Post by Jonny on Apr 14^th, 2005, 4:15pm

You need to chill Tom....."Shark" must be the "N" word in that profession, huh? ::)

I bet you never told a lawyer joke, huh?

Title: Re: What Do You All Think?
Post by TomM on Apr 14^th, 2005, 4:21pm

Yup. You are correct, jonny.

Chillin'.... :)

Title: Re: What Do You All Think?
Post by mynm156 on Apr 14^th, 2005, 6:56pm

HAHAHAHA I can get away with it. My Land Shark is also my AUNT. hahahahah

Title: Re: What Do You All Think?
Post by bigAl on Apr 14^th, 2005, 7:30pm

Sue the Bastards

http://www.iciclesoftware.com/LawJokes/shark.gif

God decided to take the devil to court and settle their differences once and for all. When Satan heard this, he laughed and said, "And where do you think you're going to find a lawyer?"

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 12:11pm

Its going to be interesting check out the original post I updated it.

Title: Re: What Do You All Think?
Post by TomM on Apr 15^th, 2005, 12:33pm

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. Well what do ya all think now?? Just b/c you were wronged does not mean you are entitled to $$$$. ALL litigations area about $$$$$. Nothing more, nothing less. Ask your attorney what it would cost to take this to trial and what you possibly could recover. My educated guess is the costs would outweigh the possible reward.

BTW-- I work for the best patent infringement lawfirm in the country as a database guy and we just won a HUGE case for one of my clients yesterday....Eli Lilly. I worked on that case for 3 years. I'll stop patting myself on the back....my arm is beginning to hurt. ;;D

EDIT: http://newsroom.lilly.com/ReleaseDetail.cfm?ReleaseID=160377

Title: Re: What Do You All Think?
Post by nani on Apr 15^th, 2005, 12:41pm

It's hard to keep those dangling dollar signs out of our eyes long enough to see clearly sometimes. I agree that harm was done and that it was even the intent. Eventually, you got what you were seeking. As long as they clear up their errors with the professional License, and rehire you, I would agree that it's probably not worth going to trial. But don't finalize any plans until you're back to work and fully licensed again. Good luck...hugs, nani

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 2:15pm

Tom I couldnt disagree with you more. "ALL litigations area about $$$$$. Nothing more, nothing less". From an attorneys stand point yes which is why there is such a negative attitude about attorneys. Are you an attorney? Is Eli Lilly your clients name? If it is and I were them I think I would slap your ass for dropping my name on a public web site.
If you look back I laughed with regards to the money issue. I dont see $$$$$ here. I am PISSED OFF!!! Why? Because we are talking about medical records here Tom and my trust in the Hospital as a healthcare facility was betrayed by the corporation that happend to run it. Just because you own the hospital doesnt mean you can use the information you have about one of your patients for your gain. Also just because on of your employees happend to use your facility doesnt give you any right to thier medical information outside of how it impacts thier ability to perform thier job. THATS on the edge of a CRIMINAL violation of HIPPA. What do I want out of this? I want the persons ass who did this. It was not accident. There was no MISSUNDERSTANDING. If part of that outcome is a payment of some kind then that is part of the punishment and as far as the License goes thats a whole different issue! Trust me I am POed about that as well.

Title: Re: What Do You All Think?
Post by TomM on Apr 15^th, 2005, 2:27pm

I have never claimed to be an attorney. Re- read what I posted if you think different.

What I was trying to point out was that litigations ARE about $$$. You get NOTHING else but $$$$ when you take someone, be it a person or company, to court. You do not get a life back (Think Ron Goldman here), you do not get your reputation back, you do not get anything but $$$$. So, no attorney/law firm will take a case unless it produces a positive $$$ flow.

I AM sorry you were wronged. I also think I was a bit insensitive to your feelings and do apologize for that. I hope that you can resolve your licensing issue w/o more harm to your reputation.

Agree to disagree on some points?

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 2:49pm

Well Tom now you gone and done it. How can I take out ALL this displace ANGER on you if you go talk nice to me!!!! You not playing the game right gosh darn it! :P

No I now see you point a little more clearly. Yes in that respect I guess that all you SEEM to get in $$$$ but there are time where some vindication is gotten.

For me and unless you are in healthcare you probably would not completly understand , but HIPPA laws are pushed and pushed to an extreme. Watch what you say, what you do, shred that, check and double check to make sure they are who they say they are. If you come into a hospital with say your girlfriend (NOT HUSBAND OR WIFE) and you cant speak or anything we cant talk to her about your condition. We need next of kin. . Without a medical release or permission nothing is to be released. So this is Major man. I can not go back to this employer even if they fix thier mistake. That case would probably look better to an attorney than this one.

Now I took the "BTW-- I work for the best patent infringement lawfirm in the country as a database guy and we just won a HUGE case for one of my clients yesterday....Eli Lilly. I worked on that case for 3 years. " as a clue that you might be a Lawyer. Sorry .

Be cool We are all Brothers and sisters here!

Good Vibes my Brother and thanks for the input!!!!

Howard

Title: Re: What Do You All Think?
Post by TomM on Apr 15^th, 2005, 2:57pm

Howard--We're cool. 8)

Sorry for stressing you, really. I am not up to date on HIPPA laws and only know what I know and that is very little.

Not a shark; love to eat them, though. ;;D
Sometimes I'm a horses a$$...
I sleep with the shark every night but not the fishes...

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 3:02pm

SWEET! Ah with the CH and then life we all have a right to be A$$es if we have too. TRUST ME!!! I can be a BIG A$$!!!!

Title: Re: What Do You All Think?
Post by TomM on Apr 15^th, 2005, 3:15pm

Howard--
I re-read your initial statements. I think your question, and now mine, is 'Are medical records public records just b/c I work for the hospital?'
I do agree that they are not for two reasons.
1) They are part of your employment record.
2) Medical records are private property, if you will.
Yeah, that was shady of your former employer to give the unemployment oiffice information about your medical background and then lie about your departure. Ouch!
Tom

Title: Re: What Do You All Think?
Post by Jonny on Apr 15^th, 2005, 3:27pm

Get a room! ;;D

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 3:37pm

Jonny baby dont b that way. You are still my #1. Like I said I just need some space an little time to make new........ opps is not IM [smiley=JAW_DROP.gif]

Sorry

Title: Re: What Do You All Think?
Post by Frank_W on Apr 15^th, 2005, 3:39pm

Oh Jonny... You said I was the only one!! :'( :-* [smiley=laugh.gif]

Title: Re: What Do You All Think?
Post by TomM on Apr 15^th, 2005, 3:48pm

on 04/15/05 at 15:27:58, Jonny wrote:

Get a room! ;;D

We did. We enjoyed it. We missed you. ;)
Want a key? ;;D

Title: Re: What Do You All Think?
Post by mynm156 on Apr 15^th, 2005, 3:48pm

YEAH JONNY whos this F@#King Frank_W
CH.com Alumnus
New Board Hall of Famer guy?!!!!

You are soooooooooo Dead when U get home. Your A$$ is on the couch!!

Title: Re: What Do You All Think?
Post by Frank_W on Apr 15^th, 2005, 3:51pm

[smiley=smokin.gif]

Title: Re: What Do You All Think?
Post by Linda_Howell on Apr 15^th, 2005, 4:03pm

Quote:

--------------------------------------------------------------------------------
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

Here's what I think:

DonnaD ? you might want to re-think picking up Jonny at the airport in Dallas in July.

Linda

Title: Re: What Do You All Think?
Post by Karla on Apr 15^th, 2005, 5:37pm

I would persue both ends of your options. Good luck to you and may you find employment soon.