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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17867
Experience:  B.A.; M.B.A.; J.D.
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TEXAS HIPPA PRIVACY RULES FOR PATIENT RECORDS

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I SIGNED A CONTRACT WITH MY DOCTOR NOT TO GET ANY OTHER CONTROLLED SLEEP MEDS FROM ANY OTHER DOCTOR. I HAD A BREAST REDUCTION AND TRAVELED TO ANOTHER CITY FOR FAMILY CARE. I WAS SO MEDICATED WITH MORPHINE AND NARCO DURING MY RECOVERY... PER MY PAIN MED DOCTOR. I GOT AN INFECTION ON ONE BREAST AND A SEVERE COUGH. I DID GET ANTIBIOTICS COUGH MEDS AND I ASKED FOR A SCRIPT FOR THE SAME SLEEP MEDS KNOWING I WOULD BE GONE FOR AWHILE. HONESTLY NEVER THOUGHT TWICE ABOUT IT. I GOT HOME REFILLED THE SAME SCRIPT AGAIN. MY DOCTOR TERMINATED HIS CONTRACT AT THE END OF MAY WITH MY HEALTCARE PLAN. HE ASKED THAT I COME IN MID JUNE AND DID NOT NOTIFY ME OF HIS TERMINATION BUT ONLY TO TERMINATE ME BECAUSE HE FOUND OUT I BROKE OUR CONTRACT FILLING MY SLEEP MEDS BY ANOTHER DOCTOR. THIS IS A MAINTENANCE MED FOR ME THAT I HAVE TAKEN FOR A COUPLE YEARS. HE ALSO SENT ME WITHOUT ANY REFILLS OF ANY OF MY MAINTENANCE MEDS I TAKE EVERYDAY OF THE WEEK FOR MY DISABILTIES. I WILL BE WITHOUT MY MEDS TILL JULY 1ST TILL I SEE A NEW DOCTOR. IM GOING THRU UNCOMFORTABLE WITHDRAWL SYMPTOMS. HE SAID HE WAS GOING TO PASS ON WHAT I DID TO MY NEW DOCTOR. I DO NOT BELIEVE I MADE A GOOD DECISION BUT I WAS VERY HEAVILY MEDICATED WHEN I SAW THE DOCTOR MAINLY FOR THE INFECTION AND ILLNESS. I DO NOT BELIEVE HE IS PASSING THIS INFO ON FOR MY BEST INTEREST OF MY HEALTHCARE. I HAVE HAVE  SEVERE INSOMNIA AND APAIN CONDITION AND HE KNOWS IT COULD INTERFER WITH MY FUTURE TREATMENT. THIS IS NOT ABOUT MY FUTURE TREATMENT PLAN THIS IS ABOUT EXPOSING MY WRONG DOING. IT WAS WRONG BUT I WOULD NEVER DO IT AGAIN ESPECIALLY IN A SANE MIND. CAN I PREVENT HIM FROM INTERFERRING IN MY FUTURE HEALTHCARE AND MY NEW DOCTORS TREATMENT PLAN FOR ME. I AM 51 AND ON DISABILITY SINCE 1995 AND THIS IS MY FIRST TIME TO BE IN THIS SITUATION. THE INSURANCE COMPANY  SAID HE COULD PASS MY RECORDS BECAUSE THIS HAS TO DO WITH MY ONGOING HEALTHCARE. I AM MATURE ENOUGH TO ADMIT I DID WRONG BUT AGAIN I WAS REALLY UNDER THE INFLUENCE OF HEAVY NARCOTICS WHEN I DID ASK FOR THE MEDS AND FILLED ALL THE MEDS AS WELL AS THE SLEEP SCRIPT. DOES HIPPA PROTECT ME ON THIS INCIDENT OR BACK HIM UP TO EXPOSE MY MISTAKE? I AM REALLY UPSET AT  HIS INABILTY TO SEE I WAS NOT IN MY RIGHT MIND DURING THIS WHOLE ORDEAL.  I WILL ALSO BE OUT OF POCKET FOR THE APPOINTMENT HE REQUESTED BECAUSE HE HE HAD ALREADY TERMINATED THE INSURANCE CONTRACT ....ALLOWING ME TO BE CAUGHT IN THE MIDDLE OF THE MONTH KNOWING I WOULD HAVE TO WAIT ON A NEW PATIENT APPOINTED FOR THE NEW DOCTOR.

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I SIGNED A CONTRACT WITH MY DOCTOR NOT TO GET ANY OTHER CONTROLLED SLEEP MEDS FROM ANY OTHER DOCTOR. I HAD A BREAST REDUCTION AND TRAVELED TO ANOTHER CITY FOR FAMILY CARE. I WAS SO MEDICATED WITH MORPHINE AND NARCO DURING MY RECOVERY... PER MY PAIN MED DOCTOR. I GOT AN INFECTION ON ONE BREAST AND A SEVERE COUGH. I DID GET ANTIBIOTICS COUGH MEDS AND I ASKED FOR A SCRIPT FOR THE SAME SLEEP MEDS KNOWING I WOULD BE GONE FOR AWHILE. HONESTLY NEVER THOUGHT TWICE ABOUT IT. I GOT HOME REFILLED THE SAME SCRIPT AGAIN. MY DOCTOR TERMINATED HIS CONTRACT AT THE END OF MAY WITH MY HEALTCARE PLAN. HE ASKED THAT I COME IN MID JUNE AND DID NOT NOTIFY ME OF HIS TERMINATION BUT ONLY TO TERMINATE ME BECAUSE HE FOUND OUT I BROKE OUR CONTRACT FILLING MY SLEEP MEDS BY ANOTHER DOCTOR. THIS IS A MAINTENANCE MED FOR ME THAT I HAVE TAKEN FOR A COUPLE YEARS. HE ALSO SENT ME WITHOUT ANY REFILLS OF ANY OF MY MAINTENANCE MEDS I TAKE EVERYDAY OF THE WEEK FOR MY DISABILTIES. I WILL BE WITHOUT MY MEDS TILL JULY 1ST TILL I SEE A NEW DOCTOR. IM GOING THRU UNCOMFORTABLE WITHDRAWL SYMPTOMS. HE SAID HE WAS GOING TO PASS ON WHAT I DID TO MY NEW DOCTOR. I DO NOT BELIEVE I MADE A GOOD DECISION BUT I WAS VERY HEAVILY MEDICATED WHEN I SAW THE DOCTOR MAINLY FOR THE INFECTION AND ILLNESS. I DO NOT BELIEVE HE IS PASSING THIS INFO ON FOR MY BEST INTEREST OF MY HEALTHCARE. I HAVE HAVE SEVERE INSOMNIA AND APAIN CONDITION AND HE KNOWS IT COULD INTERFER WITH MY FUTURE TREATMENT. THIS IS NOT ABOUT MY FUTURE TREATMENT PLAN THIS IS ABOUT EXPOSING MY WRONG DOING. IT WAS WRONG BUT I WOULD NEVER DO IT AGAIN ESPECIALLY IN A SANE MIND. CAN I PREVENT HIM FROM INTERFERRING IN MY FUTURE HEALTHCARE AND MY NEW DOCTORS TREATMENT PLAN FOR ME.


Response 1: You cannot prevent the Doctor from disclosing relevant information regarding your on-going healthcare to another Doctor. HIPAA does not prevent the Doctor from doing this and the Doctor does not have to obtain your prior authorization because this type of disclosure is covered under HIPAA “Permitted Uses and Disclosures.” Click on the link below for more information:

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





I AM 51 AND ON DISABILITY SINCE 1995 AND THIS IS MY FIRST TIME TO BE IN THIS SITUATION. THE INSURANCE COMPANY SAID HE COULD PASS MY RECORDS BECAUSE THIS HAS TO DO WITH MY ONGOING HEALTHCARE. I AM MATURE ENOUGH TO ADMIT I DID WRONG BUT AGAIN I WAS REALLY UNDER THE INFLUENCE OF HEAVY NARCOTICS WHEN I DID ASK FOR THE MEDS AND FILLED ALL THE MEDS AS WELL AS THE SLEEP SCRIPT. DOES HIPPA PROTECT ME ON THIS INCIDENT OR BACK HIM UP TO EXPOSE MY MISTAKE? I AM REALLY UPSET AT HIS INABILTY TO SEE I WAS NOT IN MY RIGHT MIND DURING THIS WHOLE ORDEAL. I WILL ALSO BE OUT OF POCKET FOR THE APPOINTMENT HE REQUESTED BECAUSE HE HE HAD ALREADY TERMINATED THE INSURANCE CONTRACT ....ALLOWING ME TO BE CAUGHT IN THE MIDDLE OF THE MONTH KNOWING I WOULD HAVE TO WAIT ON A NEW PATIENT APPOINTED FOR THE NEW DOCTOR.



Response 2: HIPAA backs up your Doctor. See my previous response.

I am sorry that I do not have better news for you. I understand that it can be quite frustrating to learn that there is no legal remedy for your issue. However, as a licensed Attorney and an Officer of the Court, I am legally obligated to provide you with accurate, legally sound, and ethical information eventhough that information may not be what you want to hear.


Thank you for your cooperation.

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