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Last Sunday, 17 June 2012 I called my Doctors Prescription

 
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  • Answered by:psimmons
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Customer Question

Last Sunday, 17 June 2012 I called my Doctor’s Prescription Hotline to order my monthly prescriptions of Oxycontine, Oxycodone, Lorazapam and a couple other medication’s. I received a call from Dr. Stegmans nurse Mr. Bill Stanchfield on my recorder phone 18 June 2012. I returned his call when I got home. It was basically a one-way conversation with him giving directions to me. He told me that Dr. Stegman had a policy that patients had to see him every 6 months or he would not refill any narc

 

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State/Country relating to question: Washington

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Submitted: 322 days and 15 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  psimmons replied 322 days and 14 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

That is actually becoming more and more common. The prescriptions they have you on are habit forming. This is basically the doctors way of "covering their rear end" in the event that anything happens to you, specifically if you become physically dependent on this medication.

So you will need to schedule an appointment with the doctor to continue the medication, or to see, a new course of treatment.

Let me know if you have more questions...happy to help if I can.

Customer replied 322 days and 14 hours ago.

It didnt answer my question. I've been on that medication for the past 10 years. The question was a Hippa violation. Where they had the soldier in with me in the office during my visit. I

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Expert:  psimmons replied 322 days and 14 hours ago.

Sorry, what soldier was present? Was it a member of your command?

Customer replied 322 days and 14 hours ago.

He was the NCOIC of the clinic. He say in on my appt and listened to everything I said.
Did you get my entire letter? Sounds like it might have been cut off. Can i email it to you

Accepted Answer

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Expert:  psimmons replied 322 days and 14 hours ago.

Than you. I did receive any attached letter. But I did receive the question.

The key piece of this is the status of the soldier listening in. If the soldier was the NCIOC of the clinic, then there is not a HIPAA violation.

HIPAA application to the military is extremely limited. There are many reasons for this. But if the soldier was a member of the clinic, so long as the soldier is not communicating this information outside of the climic (with the limited exception of your chain of command if you are active duty) it is not a HIPAA violation.

In other words, if the soldier was the NCOIC of the clinic, it is not a HIPAA violation for the soldier to be part of conversations such as you describe at all.


Sorry to have to bear bad news

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 10254
Answered: 6/26/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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