My dentist told my boss that I have developed a heart condition.

I told my dentist about my heart because of the medication I was taking so that he would take that into account with any procedure he was doing. I just thought it was the best thing to do. Well, a couple of days later, my boss calls me at home and asks me about it. My boss told me that he and my dentist were talking and he told him about me. I didn't think it was any of my bosses business because it never interfered with my work at all. I'm pissed off at my dentist.

Isn't it a HIPAA violation?

Wow, what a lack of professional ethics.

You can sue the snot out of him.

Thanks to Republican tort reform, emotional damages are worth zero. She must prove some type of economic loss.

Check it out with a lawyer. Just don't get your hopes up for some kind of early retirement.

yes you can sue!

this is a clear violation of privacy as laid out in the Federal HIPPA law. The dentist can no more talk to your boss about any health issues than a therapist could call your husband/wife (without your oK) and tell them about your treatment.

HIPPA means you cant move a single piece of private info without your express, written OK.

Obviously this wasnt meant entirely for you Twentyfive.

Cheers
Sandy

You need to get your boss to put that in writing, or the dentist's office. Someone screwed up here and the law is on your side (hey, for now, anyway!)

or less

off a percentage of the reward- then it will be big.

take it to court- they only settle when they know they f'ed up big time.

HIPAA.

Discussing your condition with anyone other than you or a person YOU designate is a violation of HIPAA laws.

Sid

as in, myob at the very least.

I had to fight with the hospital to get information regarding my Father when he was gravely ill because of patient privacy and my elderly mother was too forgetful, upset, and confused to pass anything on to my sister and I. What you experienced from your Dentist is the kind of thing the privacy laws are supposed to prevent.

period. He was wrong to tell your boss. Full stop.

You were right to tell your dentist because sometimes we have to take antibiotics for dental work and some other internal med procedures. But in no way shape or form she he have told your boss.

Find a new dentist. Good luck to you at work. Be wary if any changes are made due to the disclosure.

Why are you talking to us when you should be calling a lawyer?

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html


It's illegal for him to disclose any of your personal information to any third party without your express written consent.

EDIT: Actually, I take that back, it may not be a violation of HIPAA since that would require that the data be transferred electronically.

Hmmm. I believe it's still a violation of other statutes though.

http://jada.ada.org/cgi/content/full/133/12/1692
Oct 4, 2010
http://www.ada.org/news/4843.aspx

I'd at least report him to your state dental board.

Talking about a patient in an elevator or restaurant in such a way that someone might figure out who they are is a violation. Giving out the information to anyone you don't have permission from the patient to talk to is a violation.

The recent emphasis on electronically transfered records has been due to more and more records being transferred in this way and there was a need to put standards in place to protect information stored and transferred electronically as it became more common.

Ensign's amendment to the health care bill does allow some sharing of PHI with employers for the purpose of forcing them into 'wellness programs' but I am not sure of the details about how much information can be shared. I don't think it would cover a dentist calling your boss and talking about it.

This includes providers such as:

* Doctors
* Clinics
* Psychologists
* Dentists
* Chiropractors
* Nursing Homes
* Pharmacies

...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard.


That's what the links says anyway.

and how to secure it. We were taking HIPPA training back in the 90's long before most of our institutions were storing or transferring records electronically. It is not the total of the HIPAA law.

I was even threatened by a plaintiff's attorney once for disclosing information to defense counsel about a patient when I was subpoenaed by defense counsel. He was off base as HIPAA is not designed to impede legitimate legal proceedings and I was responding to a legitimate request from an officer of the court and I was able to shoot him down. The point is, here, that it was my verbal disclosure that was the issue. It is even a violation to discuss a patient at the nurse's station if others not entitled to the information could overhear it. It is also a violation to leave a patient's chart laying somewhere where anyone without a right to the information might be able to see what is written in it.

... it's Protected Health Information period. And a heart condition definitely falls under that category.

The dentist broke the law and as someone who has to deal with HIPAA every day I can assure you that violations can come with severe penalties.

The dentist probably didn't intend to do harm but he quite possibly did. As a health care professional, he knows about HIPAA and he knows the rules.

I've been nursing since 1982. We've pretty much been marinaded in HIPAA laws.

The dentist is in clear violation.

That's why I added the "edit". I was a bit surprised at the way it was worded on the site.

I don't have any access to anyone's electronic records. It is still very much a HIPAA violation for me to disclose private information about patients.

You're thinking of HITECH or HITRUST - they refer to electronic records as it applies to HIPAA.

I do this for a living. :)

www.swordshield.com

It refers to ALL transfer of information -- written, electronic and oral. It refers even to what shows on computer screens, which can't face certain ways in a hospital or clinic, to prevent passersby from seeing them. It refers to how trash is thrown away with private medical information. And it ABSOLUTELY refers to oral communications.

It absolutely IS a violation of the posters privacy. We've been told very clearly in lab tech school that can't discuss cases outside the lab -- in the hallway or cafeteria -- even without using names is risky.

It's illegal for him to tell anyone who is not on a "need to know" basis ANYTHING about the patient. Wehther that's via email, snail mail, fax, mouth, lip reading or sign language.

What the lawyer did was illegal. Illegal via the state (which usually has harsher penalties than federal) and illegal via federal.

The OP needs to get a lawyer ASAP, find a new dentist ASAP.

electronically, verbally, or on paper. As long as you didn't sign anything that allowed him to send information to your employer, it is a violation of HIPAA. Your attorney should have you fill out a request for information for him/her to get access to your records. If you didnt' sign a release of information form for your employer, he shouldn't have had access to any health information.

He not only violated your rights, he put your job or potential promotions in jeopardy. That fucking dentist needs to lose his license.

Don't try to be a nice guy about this. You need to send a message to this guy loud and clear and to anyone around him who is violating confidentiality laws. Prevent him from doing this to someone else.

This bullshit cannot stand.

Sorry for the harsh words, but this kind of thing REALLY upsets me.

damn straight- this dentist was SEVERELY irresponsible and does not deserve to practice. Hell, even in my field (flight simulation training) we do not discuss our clients in any way to outsiders.

You can report him:
How to Report a HIPAA Violation

The Health Insurance Portability and Accountability Act (HIPAA) requires that your information obtained by health care providers is to remain private. The Office of Civil Rights (OCR) implements and enforces HIPAA privacy laws. If a health care agency has violated privacy rights or you suspect HIPAA violations occurred, you may file a Health Information Privacy Complaint.


Read more: How to Report a HIPAA Violation http://www.ehow.com/how_4464319_report-hipaa-violation.html#ixzz15MZxX77b

It's a clear violation of HIPAA.

and how cavalier they can be when chatting with your boss.

find a new dentist and start keeping a journal about your job situation. note especially any adverse changes.
if you are damaged as an apparent result of this disclosure, contact a lawyer.

in fact, you might want to briefly consult with a lawyer now, just to make sure you handle yourself appropriately just in case anything unfortunate does happen.

hopefully, your boss has nothing but sympathy and concern and continued respect for you and your ability to contribute at work, but best to protect yourself just in case.

is a gay husband or wife.

but many companies are self insured, and have access to medical records pretty easily.
At my place of work, the HR department is part of Business Operations, which pays claims. It isn't too hard to imagine how much information is available/shared.

I expected everything to be private.

They shouldn't be sharing info without a need to know.

But I get what you are legitimately concerned about. Amy dentists work there?

I'm thinking about all the things I've told my dentist over the years (all sorts of embarrassing shit)- I've been going to the same dentist for 20 years and have worked for the same guy for longer than that, though I work on my own as well. I'm now wondering if my dentist has been discussing me with my boss all those years. S o b. Don't know what I'm going to do.

you to a lawyer for a consultation fee of 50 bucks for a 1/2 hour. That is enough time for you to find out your options.

everyone he knows. Seriously, switch dentists first (get your records transferred) then sue the motherfucker. That's what lawyers are for and this dentist needs to learn a lesson which will hurt his pocket. Your privacy is worth $$$.

that is good advice!!

always get your records first or they'll mysteriously get "lost." After that, bring 'em hell.

dupe monday

That dentist violated state & federal HIPPA laws. I'm an RN (registered nurse) and have HIPPA drilled into my head twice a year via work-related education.

That man violated a very private trust between the two of you. He will not only owe you $$, but the state/feds will go after him as well.

Another thing to keep in mind is that his fines may increase dramatically if he has prior HIPPA violations, which there's no way you'd know about unless he told you. It is CRITICALLY important--not just for you and your job and your private health information, but for EVERY SINGLE ONE OF HIS OTHER PATIENTS that you file a complaint about him.

This release of information is considered "willful" and per federal guidelines, this is the type of charge he's facing:
HIPAA violation is due to willful neglect and is not corrected $50,000 per violation, with an annual maximum of $1.5 million $50,000 per violation, with an annual maximum of $1.5 million

In addition to speaking with a lawyer, you can report HIPPA violations here at the HSS website. Also, check with your state Department of Health and find out how to file a state-based HIPPA complaint (very important because often State HIPPA rules are more stringent than federal ones)

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

Good luck, and i'm sorry this happened to you. This dentist makes everyone in the health field look bad.

if he talked about one patient, he has probably done it before and will again. He does not take the trust very seriously.

a few years ago I sat on a jury on a very similar case. It is illegal for a health professional to disclose that kind of information to anyone without your explicit permission. (we awarded the plaintiff $75,000)

At least get this guy reprimanded.

Maybe skip the face-punching.

after a good lawyer is done with this jackwagon he will wish he had just been punched in the face.

mentioning your medical conditions to anyone you did not specify on the HIPAA form you signed when you were starting treatment...Get a new dentist, too.

mark

Take that unprofessional gossip to the cleaners.

You could own him for what he did

Change dentists, first.

Don't ever speak with that dentist again, but make sure everyone who knows you that that particular dentist breaks HIPAA laws of confidentiality. Make a complaint with the state's certification board, too.

This dentist should not be practicing.

firing you for anything without the threat of action.

when this goes to court, which side will the boss fall on? Will he side with an unethical doctor whom the jury will have no sympathy for, or his employee he has a relationship with? I would bet he would side with his (her) employee do to work place loyalty.

If you are middle aged or approaching it, you should definitely think about playing it.

I would sue after that, but to each his own.

Holy shit. Dumbest MoFo thing I've heard in a long time...HIPAA and everything else violation.

On edit: I won't even discuss a SPOUSE with someone, unless they are in the room together adn there's implied consent.

When my hubby had to get major oral surgery last year, he had not signed anything giving permission for his medical information to be disclosed to me. He told me about it and when I had work done with the same oral surgeon, I asked some questions.

Knowing that the oral surgeon did not have permission, though I phrased the questions in a way that did not require him to disclose anything I did not already know and that allowed us to have our discussion. Since I just wanted some general information about the procedure and about the risk factors that led to the necessity, this worked out OK.

If the oral surgeon had revealed more information than I already knew, I would have been disturbed, even though his office knows we are husband and wife and have been married for over thirty years.

I was going to IM you this link if you had not "weighed in" - I mean, WTF - I expect confidentiality from my doctor/lawyer/dentist/veterinarian :o

if you are so inclined (I am not, by the way- but I understand the reason for it)

has a form on which you must declare whom the doctor may share your info with. Pretty rock solid- I put my wife's name on mine, and she does the same with me. This jackwagon disregarded that, and violated the patient/doctor trust. I WISH something like this would happen to me- I would never have to work again.

There's the issue that you've worked for your boss for many years. As soon as you start going after the dentist, he will tell the boss and that relationship will be ruined as well.

I support going after the dentist, but if you have a good relationship with the boss, I'd start by having a good conversation with him. Express that the issue as a clear violation of HIPAA law and that you feel you have no choice but to report the incident and follow it through. This may save your relationship with the boss, if you want to save it. You may also need the boss to confirm in court that information was shared, instead of conveniently forgetting.

Good luck!

that you know he was privy to information he should not have been, the boss will be a little bit reluctant to use that info against you.

see a lawyer

Sue the bastard dentist as violating HIPPA laws. The dentist should never discuss you or your case with anyone without your written permission. He should not even disclose that you are a patient.

Second, with your boss, explain that you have a very common heart murmur that does not cause you any problems at all, and that your medical doctor requires that you take an antibiotic before dental visits as a precaution, which is what you do.

Three. Always take the antibiotic before dental visits.

(Because if you so desire, that fool will be working for you for the rest of his days.)

I know WAY too much about Health Privacy law for my own liking.

Had it not been for the other partner in a clinic, I would have owned the whole thing outright. Instead, my former doctor has retired early.

I'm not rich... never went as far as going to court. However, had a patient advocate, and the names of legal counsels in my back pocket.

And illegal. :wow:

Because I doubt that he will ever admit saying it to you without a recording or witness. Sounds like your boss and your dentist are at the least friends who socialize. Golf buddies perhaps? Maybe even related to each other?

Don

and the boss will sell the dentist down the river- he has to cover his own ass.

and yes you have a case. Any health care worker can tell you that, I could have been fired for doing that.

whatsoever, to talk about your health with your employer. do you live in a very small town?

He clearly violated your privacy. As someone who works with HIPAA information, you may think about the below if you pursue a suit against him.

Is your condition noted in your medical records at his/her clinic?

If so, your case is air tight. But either way its b.s.

On the other hand, some enterprising a lawyer may try to make a case that you did not tell the dentist in his official capacity, if it is not medical information under his control. For instance, if you told him during a routine cleaning unprompted by him the lawyer will try to construe it as information you volunteered as small talk. It's the bull shit defense line, but its the only out this guy has. They could claim you offered it up freely and he was just making small talk and voicing concern for you with someone he knew you knew. If its something you discussed but not something in your chart, you need to make it clear that you were voicing concern about its impact on your dental health and/or vice versa. Ask for a copy of your medical records, asap.

Just a note.

It's total bs what your dentist did, but if you are thinking of suing you may want to clarify that for your lawyer so that he can make the counterargument if that is the case.

b/c the patient thought it was important to tell the dentist about the meds taken for the condition. Any competent dentist would require a health history and anyone with a serious medical condition would be ill-advised not to tell any treating doctors about significant medical conditions, most especially a heart condition when going to the dentist.

Regardless of any of the above, it doesn't matter -- he's the treating dentist and is obligated by law and ethical standards to keep any information about his patients confidential, no matter how the dentist/medical professional obtains the information. As someone stated, he can't even legally acknowledge that this individual is his patient unless it's to communicate with an insurance company for payment or other AUTHORIZED contact.

your dentist violated HIPAA, and is now fair game to have his ass sued off by you.

he violated doctor-patient confidentiality

contact your state licensing board as well

Make him pay for this.

I work in a field that allows me access to some medical records(prescriptions), and I am forbidden from revealing ANY information about the drugs people take except when the primary on the plan asks, or have to tell the pharmacist for drug safety/interaction reasons. The rules are very strict. For example, if a woman who was a primary on a plan wanted to know some information on her husband who is the spouse under her plan, I can reveal it, however, the reverse isn't true, I can't tell him what his wife is taking because of the rules. Actually, I've had calls like this, usually asking why copays changed(to be higher) or why a drug isn't covered, and I always ask them what drug, I never reveal the information myself.

As far as third parties, this goes doubly so. If a doctor's office calls, or someone else, they better already know what medication the person they are inquiring about is taking, because I sure as hell am not about to reveal that type of information to them.

It is a violation of confidentiality to reveal that information to your boss. I think you
should report him to the state board that oversees dentists and get an attorney.

undeniable violation here dude. First get a new dentist, then get a lawyer and go after him.

to do my taxes. I used to be able to have him sign a waiver in order to get the records, but no anymore.

He has to, in person, show his driver's license before I can pick up the records. And even then, they want him to pick them up himself.

And yet, I can drop off his prescription and pick them up with not I.D. or waiver signed. It is a screwed up, mixed up freakin' world.

Your dentist violated your privacy rights, possibly endangered your job, broke ethical standards, and most probably broke the law. If he cannot keep medical informaton of his patients confidential, then he has no business working in any kind of medical business (and yes, denistry is a medical business).

What did your boss say about it, by the way? Did he express sincere (though presumptuous) concern? Or did you get the vibe that he was thinking of the bottom line, cost-wise?

does your dentist and your boss know each other (formally or informally), or did your dentist call your boss out of the blue?

Not that it makes any difference... it's still a fucked up situation.

I'm just wondering if the two happen to be neighbors, acquaintances, you and your boss happen to have the same dentist and the asshole couldn't keep his mouth shut... "hey, I just had an employee of yours come into my office and..."

That's why they have you sign a release when medical records are requested.

Your right to privacy has been violated.

:evilgrin:

Not that I am a lawyer or anything and could be wrong, but if a Dentist is telling people about your personal health matters, you need to at least dump him.

sorta just saying you are upset at the dentist telling him so he replies and you have his reply as proof without him having to comment because where I see this going is your boss will deny everything for his friend the dentist when the lawyer or state board come a calling You do have the call records from phone co. to back you up but not what was said on the phone. Never go back to a dentist that is unethical or doctor for that matter

You now own everything he's got. Contact a lawyer to claim your prize! ;)

Run his entire office. Been a nurse 22 years. NO WAY! Dentist should have NEVER called your boss. UNLESS... (I don't think anyone can be that stupid), The INSURANCE company informed your boss(or company) of your medical condition(s) which I think may have happened, although they are not allowed to do that, HIPPA)...after all he/she pays the premiums. Whom ever did this...you need to contact a lawyer. Get a free consultation. That is total bullshit. Trust me.

get proof. you need absolute proof that your boss said this to you. I would get a tape recording of him and a witness asap.

fined but you can sue him. It's a pretty serious matter.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

but SUE HIM. He broke the patient/doctor confidentiality agreement. Sue him- you may not win, but you may get his license revoked. If you break a trust you have to pay a price.

most certainly violated it and your boss may have too. If he ever uses the information against you, he certsinly has.

if you are in Cleveland, I know an attorney my grandmother worked for. He is a pit bull on steroids and HGH.

I cook at a retirement and nursing facility. I'm not privy to any details outside what I need to know. And if I were to tell you that so-and-so is on a full liquid diet, I would be out of a job and their family could sue me for all I'm worth. Which isn't much but it's the principle of the thing. I'm just a lowly nobody who really has no sensitive info, and I'm still held to these laws.

Sue.

you're not a "lowly nobody" - you provide a valuable service. YOU HAVE VALUE. Don't let snobby folk make you feel like a nobody. You are indeed somebody, especially to the people who feed. Yes INDEED.

Make me blush!

What I meant was, I'm not even in that cadre of "medical professional." I just happen to work there. Love what I do too.

Except on liver and onions night. Good god, the food these people enjoy.

$25,000 fine.

the government? or the person whose info was revealed?

Yes, get a lawyer, but make certain that there's a paper trail of some sort that links the two events; the law was quite probably broken, but you need to prove that's the case. Right now it sounds like your word against your boss'.

A lawyer could better advise you about this, and understand that you may need to talk to a few before finding the right one.

Your schmuck of a dentist broke not only the law but can be brought up on ethics charges. Other patients need to know this person cannot be trusted.

What happens if they both deny that the dentist told him (the boss) anything? Do you have witnesses or any other evidence? I believe you, it's just that if you take the dentist to court and the boss is involved, and they both deny it, can the dentist get off and the boss say he learned of your condition because he was forced to go to court by you? And would he try to use that against you? My mind always goes to worst case scenario and be prepared for anything! I'd try to make sure I had that evidence or witness statements in writing before letting on to the dentist or boss about getting an attorney, they may clam up.

he had no business discussing anything concerning you with your boss without your permission.

your dentist cant mention even your cavities to another person without your express written OK.

Very clear violation of HIPPA.

Cheers
sandy

AT LEAST report your dentist to whatever board would be appropriate so that future patients know about this.
AND find a new dentist.

Patient/doctor privilege was clearly violated. Your dentist had no right. In fact he/she was bound legally to not disclose that information.

Health Information Privacy Accountability Act of 1996.

http://www.hhs.gov/ocr/privacy/

Agree with the above poster. Get a lawyer.

immediately.

shared personal data with your boss.

If so, your actions could be fraught with difficulties......

You definitely need to talk about this with a really GOOD lawyer, not a hothead, to go over all the possible consequences.

BTW, this really pisses me off.

Seems like there should be.

shared it with your boss and co-workers. If you have a medical emergency they will not know how to react and it could cost you your life.

Leave the dentist alone. You haven't been damaged yet but you could be if you don't share this information with family and co-workers.

Nice!

:rofl:

raging anti-dentite. http://www.youtube.com/watch?v=cCeP6lLxJ9I

Usually you have to prove damages of some sort. Unless it causes you to lose your job or something, it will be hard to prove damages.

On the other hand, you can make real trouble for the dentist with his licensing board.

Different health fields pay different levels of attention to HIPAA privacy rules. Psychologists, psychiatrists & psychotherapists live, breathe and eat in a HIPAA environment, e.g. having people sign releases before we communicate anything to anybody, and being very aware of potential violations. We are required to get continuing ed in ethics training, and it seems that half of the training involves client confidentiality and the handling of client/patient information. This is natural because just about everything we deal with is potentially explosive.

Dentists, on the other hand, don't generally think nearly as much about confidentiality on a day-to-day basis. Who gives a damn if he mentions your root canal to somebody? Because they don't generally handle terribly sensitive client information, dentists tend to forget about HIPAA.

You should sue that Dentist. How dare he reveal personal information like that!