The bottom line is that ANYONE working at a provider's office by law is not allowed to discuss patient information. This receptionist could be in big legal trouble right now. The fact she basically confirmed BK was a patient by talking about him is a huge no-no.Yes, especially in the case of Behavioral Health. That is quite different.
Where did she report on his "issues" though? Not arguing, I just never saw where that was stated. Did the receptionist give out his diagnosis, his medical condition? Not that I saw. Stating someone is "nice and charming" is NOT a medical diagnosis and is not part of a person's medical record, it is merely an observation of someone's demeanor.
I would like it if someone here with a background in HIM would care to comment.
EXAMPLE: Imagine if there was a clinic that only treated people w/schizophrenia. The receptionist wouldn't even have to discuss a person's diagnosis because if she simply confirmed that a certain person was a patient, the media (or whoever) would automatically know the person's diagnosis because the provider specializes in schizophrenia. Does that make sense?
MOO
THANK YOU!!! I am a legal assistant and understand this 100%. I'm trying to explain it here on WS as I see the question asked. Confidentiality is key! Everyone (yes, even BK) has a right to privacy.Not to be dramatic but if my receptionist or legal assistant called the press to disclose one of our clients was a client of my law firm, I'd fire them and then I'd have to inform my malpractice insurance carrier that there may be a claim against me.
The HIPAA Q&A that keeps being cited covers the specific situation that when you are a patent in a hospital, you can choose whether they will disclose that you are a patient if anyone calls looking for you. For example, if I slip and fall and end up in the ER, my mom might call our local hospital and ask if I am a patient. UNLESS I SAY OTHERWISE, they can disclose that I am a patient. The purpose being allowing people to connect with family and friends unless the patient indicates at intake that they do NOT want their admission disclosed.
That has nothing to do with whether a receptionist at a doctor's office can breach patient confidentiality to blab to the press that a certain person receives medical treatment at that office. It is highly sensitive and confidential and I encourage you to read the contracts you sign which almost surely include a confidentiality provision.
And to Suzi's question, I am almost certain any doctor would require as a condition of employment that all employees keep patient information confidential. Every medical practice contract I have ever reviewed contained the standard confidentiality provisions. The information disclosed was not the receptionist's to disclose - the relationship is between the patient and the medical provider.