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pileofschmidt52 · Nov 18, 2010, 05:10 PM

Here's the need to know background details: I recently had a chemical dependency evaluation and signed the HIPPAA rights giving permission for the chemical dependency counselor permission to share my info. With my probation officer. I am undergoing Outpatient treatment in which my contract clearly states that the outpatient treatment couselor is only able to share info with my probation officer and Chemical Dependency counselor.

I recently lost a friend to suicide and knew I was going to need a few days to deal with it. So, I called the outpatient treatment counselor to inform her of my unfortunate circumstances and if it was OK that I would be missing two treatment meetings. She said it was fine and called my probation officer and informed her that I was going to be missing a couple outpatient meetings. My probation officer called me to double check with me about it and as a result she had no issue with me missing the outpatient meetings due to my unfortunate circumstances.
I work as a magazine merchandiser and unfortunately one of the two stores that I call upon can only be serviced by myself. I don't have anyone that can fill in for me at last minute. So I had no choice to service that store that same day and I also went to my other store to help out the girl (that I just got done training in) finish up the merchandising for the day and also inform her that she would have to service the store on her own the next few times since I have a death to deal with. Needless to say I was extremely upset as I worked, crying and just trying to make it through that day and be done. While I was there at the store with that girl, the chemical dependency counselor saw me there working and informed my probation officer that I she had saw me working. As a result I received a phonecall the next day from my probation officer informing me that if I was able to work then I have no excuse to miss any treatment meetings and that a violation of my probation was in order.

The chemical dependency counselor was shopping at the same store I was merchandising, that is why she saw me working. I am wondering if she violated any HIPPAA rights when she called my probation officer to tell her that she saw me at the store. I wasn't doing anything wrong so she basically just saw me on her own time and decided to call my probation officer to talk about me.

Or do I just have a case of nosy people with nothing better to do then try to cause problems with other people.

ScottGem · Nov 18, 2010, 05:18 PM

No HIPAA violation. No medical diagnosis or treatment was revealed to a third party without permission.

ITstudent2006 · Nov 18, 2010, 05:31 PM

Your chemical dependency counselor does have an open line of communication with your P.O. What she did was completely legal.

The reason she did this is is what needs to be fixed. You told her that you needed a few days to gather thoughts and say goodbye etc... but then she sees you doing something else.

At first this looks like a situation where you just lied to get out of meetings. You need to call and explain the situation to her and your PO.

J_9 · Nov 18, 2010, 07:13 PM

I agree with everyone above. There was no HIPAA violation as the counselor had a responsibility to report to your PO of your activities.

Fr_Chuck · Nov 18, 2010, 07:31 PM

First HIPAA has to do with the giving of MEDICAL information to someone who does not have permission to get it,
So
1. this was not medical info
2. and even if it was they have the right to give it.

So not even a reason to expect it to be.

Next anyone can report your activities to your PO, in fact most people get caught from someone they know reporting them.

This person also even had a obligation to report you, since your excuse not to go, was being too upset, and you did not tell them you were going to have to also work.

So yes, if you were well enough to go to work, you could be considered well enough to go to treatment.

J_9 · Nov 18, 2010, 07:42 PM

Originally Posted by Fr_Chuck

First HIPAA has to do with the giving of MEDICAL information to someone who does not have permission to get it,
So
1. this was not medical info

I have to respectfully disagree here Chuck. Addiction and mental health fall under a different set of rules when it comes to HIPAA.

Fr_Chuck · Nov 18, 2010, 07:44 PM

Her working was not medical info

She signed permission to have her medical info given to this person.

J_9 · Nov 18, 2010, 08:34 PM

Originally Posted by Fr_Chuck

Her working was not medical info

She signed permission to have her medical info given to this person.

Her working was prime info when it comes to missing counseling appointments.

She signed permission to give counseling info to the PO.

Again, HIPAA is different when it comes to addiction and mental health.

pileofschmidt52 · Nov 21, 2010, 02:09 PM

I did tell P.O. about being at work. She called to double check about the outpatient meeting, I told her I was at work servicing the one store & that I was going to go talk with the new girl, to confirm she could work the next few days by herself.

pileofschmidt52 · Nov 21, 2010, 02:18 PM

Well for one thing, the Chemical Dependency counselor was totally unaware at the time she saw me working that I had even had a death to deal with and that I had called into outpatient treatment that day. Oh not to mention that I also received in the mail that same day, a letter of Case Closed from the chemical dependency counsler since I had completed her assessment recommendations by starting outpatient treatment... so basically she saw me that day and possible ran in the P.O. later on and they started talking about me for whatever reason and that's when she mentioned to the P.O. she saw me working. Or she called P.O. after seeing me at work for whatever reason. Either way, my P.O. has completely made my last few days hard as hell to get through and has even suggested that I had better be at my outpatient group meeting the same day that I am suppose to bury my lifelong friend...

pileofschmidt52 · Nov 21, 2010, 02:22 PM

I did call the P.O. a couple different times trying to tell her why I was working those couple hours that day and how I would not be going to work the next couple weeks. Her response: You will be at all outpatient meetings, no excuse.

pileofschmidt52 · Nov 21, 2010, 02:23 PM

And I didn't ask this question to receive comments that offend me

ScottGem · Nov 21, 2010, 02:33 PM

Originally Posted by pileofschmidt52

Comment on Fr_Chuck's post
And I didn't ask this question to receive comments that offend me

I'm sorry but that is not the may this site works. When you post a question you open it up to any comment as long a it doesn't violate our site's rules. Which Chuck's response didn't.

I still don't see any HIPAA violation here. The counselor saw you in a place where he thought you shouldn't be. He reported it to your PO. Where's the violation?

pileofschmidt52 · Nov 21, 2010, 02:40 PM

The more I think about this question I asked the more I realize that it probably wasn't a HIPPAA violation but I more or less needed to vent about the fact that I just lost someone in my life that I knew very well and the circumstances of his death are extremely sad and heartbreaking. The P.O. along with many other affiliated people, have always treated us "criminals" the same, no matter what the details of the crime. We are always dishonest, always schemeing, never making it anywhere, and bad people... the truth is, the majority of people on probation are dishonest, aren't making it anywhere in life and probably are always lying to get out of things... HOWEVER, I am not that way and got mixed into a bad situation and ended up on probation. I could give you the details of my life and who I am in order to prove myself but I don't think it's necessary. Anyway, my P.O. treats me poorly and to have her say what she said to me and have the attitude that she had towards me that day was uncalled for. I was crying hysterically trying to explain to her why my friend died and why I needed to miss that meeting and why I had to go into work for a couple hours that day and she really made it seem that she did not believe a single word that I said to her... only a heartless person would tell another person that I must go to an outpatient treatment meeting instead of being with my family and friends at a funeral.

pileofschmidt52 · Nov 21, 2010, 02:42 PM

I didn't say that he violated any site rules. I just said that I was offended.

ScottGem · Nov 21, 2010, 04:43 PM

Originally Posted by pileofschmidt52

Comment on ScottGem's post
I didnt say that he violated any site rules. I just said that I was offended.

I didn't say you said that. What you have to understand is that we answer questions with factual advice as appropriate. We also, sometimes, add additional advice that we feel may be helpful to the OP (original poster). Sometimes that advice may be harsh or even offensive. But that's the chance you take when you ask a question. My point was, that you may disagree with advice given, you may ignore advice given, you may comment on advice given, but you can't dictate the type of advice given. And your comment came off like doing the latter.