Tuesday, October 20, 2015

Different ways to protect your privacy


Carilion vs Lewis Gale hospital

HIPAA is to help you. Not to control you


Most of us have heard of HIPAA.  It's a law to PROTECT patients privacy.  HIPAA is not there to take away the patients rights.  However some hospitals hide behind the term HIPAA.  Since most patients do not know what all it means they get away with it easily.

Example:
Carilion clinc, Carilion hospital or also know as New River Valley Medical Center incorrectly hide behind HIPAA to get the patient away from their emotional support, family or friends.  Carilion fools patients into thinking that HIPAA requires them to be alone when discussing medical issues.  They use HIPAA as an excuse to isolate the often frightened patient so they can interrogate them more effectively.  This may be better for Carilion but it is harmful to the patient.  Iit is NOT what HIPAA requires.  Shame on you Carilion for taking advantage of your patients lack of understanding of HIPAA.  In what other ways do you take advantage of your patients lack of knowledge?  Makes one wonder.

At Lewis-Gale their policy is simply ask for permission to discuss medical issues in front of the patients emotional support.  This gives the patient the choice and leaves the patient in control.  Lewis-Gale doesn't inconvenience the patient while still complying with HIPAA. Good for you Lewis-Gale. 

Carilion violates patient rights

Why would a hospital want to deceive patients?  It doesn't seem good business.  When I questioned the nurse at New River Valley Medical Center outpatient surgery she said to me "how would you like someone to watch you do your job?".  But I guess that doesn't look very good on a sign.  HIPAA is a convenient policy to hide behind.

Something to consider when choosing between Lewis-Gale and Carilion.  Sorry Carilion after years of using your services we have seen your true colors and have switched to Lewis-Gale.  The only regret I have is that we didn't do it MUCH sooner.

From the joint commission: who oversees Carilion Hospital (New River Valey Medical Center)

"Communication with a patient’s family members or friends – Health care providers can share and discuss health information with family, friends or other individuals who are directly involved in a patient’s care (HHS, Office of Civil Rights, Sharing health information with family members and friends). The law allows sharing information when the patient either agrees or if present in the room with the patient, the patient does not object. For example, providers can talk to a patient about his or her condition when a family member or friend is present at the patient’s request. Information about a patient’s needs also can be shared with a health aide, interpreter, or person driving a patient. In some situations, HIPAA also allows health care professionals to use their own judgment about whether the patient wants health information discussed in front of family members, friends, or other individuals involved in a patient’s care (HHS, Office of Civil Rights, Sharing health information with family members and friends). If a patient specifically asks a provider not to share information with an individual, then that decision must be respected. (HHS, Office of Civil Rights, Sharing health information with family members and friends)." link


 HIPAA is not about isolating the patient. 

So why does Carilion do it?  Speaking with some of the management, trying to get them to change their policies, I got a different answer than the nurse.  The management said that "patents lie" and they get better answers if they are isolated from their friends and family.  Nice to find out that Carilion treats all their Patients like liars.  Lewis-Gale, you have some new customers.

Here is an interesting article discussing patient privacy laws being misused to hurt not help patients.
http://www.propublica.org/article/who-do-federal-privacy-laws-protect-patients-or-medical-centers

Front the Government on HIPAA:

From http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html
"The HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information."

and http://www.hhs.gov/ocr/privacy/hipaa/faq/safeguards/197.html
"Does the HIPAA Privacy Rule require hospitals and doctors' offices to be retrofitted, to provide private rooms, and soundproof walls to avoid any possibility that a conversation is overheard?"
The answer is "NO".

Even from Carilion on HIPAA https://www.carilionclinic.org/hospitals/carilion-roanoke-memorial-hospital/hipaa
"The Health Insurance Portability and Accountability Act (HIPAA) of 1996 established national standards to protect patients' personal and medical records. The regulations outlined by HIPAA protect the medical records and other personal health information maintained by healthcare providers, health plans and health insurers, and healthcare clearinghouses."



Carilion New River Valley Medical is also known as Carilion Clinic, or Carilion Hospital.  Radford Hospital

For reviews
on yelp: http://www.yelp.com/biz/carilion-new-river-valley-medical-center-christiansburg
The better business bureau BBB

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