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Stonepounder

(4,033 posts)
Fri Apr 24, 2015, 12:23 AM Apr 2015

Privacy, HIPAA, and WTF??

My wife and I are no longer spring chickens. We are on Social Security and have a Medicare Advantage policy. Back when HIPAA was coming in I was involved with modifying medical software to conform to the privacy requirements contained in HIPAA. So I am not completely ignorant of what you can and cannot do under HIPAA.

So, imagine our surprise - not to mention concern - when we received a solicitation for a prescription 'discount card' that specifically mentioned a medication that my wife takes, touting how much money we could save by using their card. Of course it would cost us way more to use their card than to keep using the prescription benefit from our Medicare Advantage plan.

However, how the hell did some outfit in California find out what drug my wife was taking here in Kentucky?? The only people who should have that information are a) her doctors, b) our pharmacy, and c) our insurance company; all of whom are prohibited from disclosing that information to outside parties.

I sent a query to the feds asking them, but I suspect that since no one will own up to leaking the info nothing is going to happen. So, what's the point. There is no privacy left anywhere anymore, regardless of what the law says.

9 replies = new reply since forum marked as read
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Privacy, HIPAA, and WTF?? (Original Post) Stonepounder Apr 2015 OP
was it perhaps a common medicine Kali Apr 2015 #1
Depends on your definition of 'common'. Stonepounder Apr 2015 #4
happens all the time marym625 Apr 2015 #2
Note that HIPAA allows the sharing of data for 'statistical analsys' Stonepounder Apr 2015 #5
I mean an extra marym625 Apr 2015 #7
Privacy has been gone for quite awhile now. KMOD Apr 2015 #3
While medical institutions don't share info daredtowork Apr 2015 #6
The HIPAA regulations are very clear. Stonepounder Apr 2015 #8
The big chain stores sell all the data including prescriptions. They correlate all grocery purchases freshwest Apr 2015 #9

Stonepounder

(4,033 posts)
4. Depends on your definition of 'common'.
Fri Apr 24, 2015, 12:48 AM
Apr 2015

It is a generic medication for folks with high cholesterol, but there are a number of those on the market. As it happens, she is on one generic and I'm on another. And unless you happen to get lucky on guessing that a) we have high cholesterol, b) are on a drug to help lower it and c) guess the one she is on you aren't going to guess correctly. A quick look through Google brings up about 10-12 different meds, generic and non-generic. Pretty good guess to get it in one.

marym625

(17,997 posts)
2. happens all the time
Fri Apr 24, 2015, 12:43 AM
Apr 2015

Check that there was nothing hidden in anything you signed giving permission to share with drug companies for "statistical analysis" or some other bs.

Stonepounder

(4,033 posts)
5. Note that HIPAA allows the sharing of data for 'statistical analsys'
Fri Apr 24, 2015, 12:51 AM
Apr 2015
only with patient identifying data removed. And when I buy my prescriptions, the prescription number is what is rung up, not the actual drug.

marym625

(17,997 posts)
7. I mean an extra
Fri Apr 24, 2015, 12:55 AM
Apr 2015

I should not have used "analysis"

I have caught it in a couple doctors offices. I won't sign it. It is outside of HIPAA. A separate page given with HIPAA.

 

KMOD

(7,906 posts)
3. Privacy has been gone for quite awhile now.
Fri Apr 24, 2015, 12:43 AM
Apr 2015

Unless you are still using cash, every purchase you make with a debit or credit card is tracked.

Search engines and many websites know your search tendencies.

A smart phone gives out all sorts of data, where you are, your interests, etc.

It really is horrible.

I had twins in 1991. Pampers, Huggies, formula companies, baby magazines, etc. were all sending me mailings.

daredtowork

(3,732 posts)
6. While medical institutions don't share info
Fri Apr 24, 2015, 12:53 AM
Apr 2015

don't insure companies share info in some common insurance company database? I seem to remember such a thing existing a few years back. That means if you billed your insurance company for the meds, it would be there. The solicitor is another insurance company - perhaps it gets the info because of some twisted concept of free competition for your business?

Stonepounder

(4,033 posts)
8. The HIPAA regulations are very clear.
Fri Apr 24, 2015, 01:04 AM
Apr 2015

Insurance companies can share info with their clearing houses (the ones who actually collect money), but they and the clearing houses are prohibited from sharing that info with any 3rd parties. If I go to a new doctor I have to give specific permission for the doctor's office to even tell my wife what time I have an appointment.

My MIL (who has since passed away) lived with us for a number of years. She was also stone deaf. If we had a question for the insurance company - even though we had her durable power-of-attorney on file with the insurance company - they wouldn't talk to us about anything unless we put her on the phone and told them it was ok to talk to us.

HIPAA makes if very clear that patient info is not to be shared with anyone outside the doctor-pharmacy-insurance loop without express written permission of the patient. (The one quasi-legal exception is if the doctor, or the hospital, has problems with their software and has to call the vendor for tech support, the tech may access the restricted information if necessary to resolve the issue, but the tech had damn well not share or in any act on the information he/she saw.)

freshwest

(53,661 posts)
9. The big chain stores sell all the data including prescriptions. They correlate all grocery purchases
Fri Apr 24, 2015, 01:52 AM
Apr 2015
such as diabetic drinks and vitamins and offer coupons, for example. All rendered voluntarily when purchasing. Private firms are allowed to market to make money. We must never, ever speak against the holy buck.

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