I am a regular patron of the local CVS Pharmacy. They fulfill my needs for Lexapro, Alprazolam and Plan B (twice.) I’m on a first name basis with the main male pharmacist and the main female pharmacist. They know me by name and face (especially the male lead, with whom I’ve had the most contact.) On my recommendation, my Mom has been there and gotten prescriptions a couple of times. This evening, she related the following: "Remember when I was at CVS a few weeks ago, getting some vitamins from your buddy, Mr. Drug? He said, “So is Hazle still trying to get pregnant?” I almost shit my pants. This seems like a BLATANT violation of patient confidentiality, not to mention an HIPAA violation. I am so pissed. I am currently separated from my husband and this statement has really created a couple of uncomfortable to potentially damaging aspects to a few different relationships. At this point, I’m so furious as to be litigious! By his statement, he has perhaps fucked up a couple of my relationships quite badly. Besides taking my business elsewhere, what are my options?
IANAL but I would most certainly guess that his offhand comment was indeed a HIPAA violation. I would be extremely pissed off. Perhaps not litigious, but at the very least lodging a complaint with CVS and your state pharmacy regulatory office.
Do you trust your mom that she actually heard this from the pharmacist? Could her best friend, Mrs. Kravitz, have been at the pharmacy counter when you were getting a prescription and passed (un)reliable information on to your mom?
While most pharmacies have a “privacy zone” in front of the counter, anyone within earshot can hear what the pharmacist is saying. “So, Hazel, do you have any questions about your prescription for blah blah blah.” Unfortunately, its how I found out that my neighbor was taking anti-depressants.
I am just an army medic, and the army has some really bad habits WRT HIPPA, so the following should be taken with a grain or ten of salt.
Based on the three drugs you mentioned I don’t see how it could be inferred that you are trying to get pregnant in the first place. If his comment was based on something else, such conversation not related to the medications you are taking, or just the pharmacist’s perception then I don’t see how it could be a HIPPA violation. If the fact that you where trying to get pregnant was something known to the pharmacist only because of a conversation directly related to you medications then there is certainly a chance that he violated HIPPA by sharing that information. The thing is though that it seems to me that most people over estimate how far HIPPA extends.
(Despite the above opinion I do of course think that what this pharmacist did was unquestionably wrong, I just don’t think it was illegal.)
Why not talk to the pharmacist and explain the pain his inappropriate behavior has caused you? If he’s sincerely apologetic, and assures you he won’t do it again, to you or anyone else, accept the apology and get on with trying to repair the damage.
If he’s not appropriately remorseful, speak to his superior about disciplinary action. If the boss doesn’t respond satisfactorily, a letter to the president of the company threatening legal action should elicit a suitable response, and probably an offer of some type of remuneration. If this fails, then you really should talk to a lawyer.
IMHO.
Ruby, I can guarantee that the question was definitely asked of my Mom by the pharmacist. The CVS in question is tiny, in downtown St. Louis, where there would’ve been zero chance of anyone knowing me or my Mom. I just do not get this! Not only was the remark a violation, but it was categorically untrue. Even if he had me mixed up with another patient, what he did ranges from unprofessional to downright illegal!
When your mother recounted this story to you, did it seem that she wanted an answer to the question whether you were trying to get pregnant?
Oh, not at all. You can trust me on this one. She is the proverbial open book/heart on her sleeve type of person. She was as weirded out as I!
It seems to me this is a simple violation of patient/pharmacy confidentiality.
So tell the store manager and let the guy get written up.
Do you really want to see someone out of work in this horrible economy because of a stupid remark?
I can say almost for certain, this is a violation of store policy, talkig about someone, and that is enough if you report it.
The only reason to even think about persuing HIPPA action would be to seek some kind of monetary compo out of it.
And I really don’t see why you’re owed anymore than an apology here.
Since this is general questions, I’d forget about any legal recouse, 'cause you’d never prove your case. You can’t prove he said it, it was said where anyone can over hear it and a store is a public place where you have no expectation of privacy.
So tomorrow go and see the store manager, explain what happened and let the store deal with it.
Was the pharmacist wrong? You bet. Are you justified in your anger? Yes you are.
But it sounds like a stupid remark made without thinking and not done with malicious intent.
So report it and let the manager of the store handle it, otherwise you just come across as a person out to make a buck with a law suit.
Now I’m sure that isn’t your intention, but what do you want? Go in find the manager, calmly explain the situation and let them handle it.
After all what is really needed is a slap on the wrist for a pharmacist who simply wasn’t thinking.
A full-on pharmacist is not ever likely to go that long without work. Unless this was the only pharmacy for hundreds of miles, this guy would be working somewhere else within two weeks if he got fired. HIPAA violator or not.
EDIT: The above is even moreso as The Flu Season is quickly approaching and some pharmacies could use as much help as they can get, even if they only hire him part-time or such.
Just curious, but how did the comment “fuck up a couple of your relationships quite badly”? He shouldn’t have said it, but I’m not following the cause and effect here. Apparently he said it to your mom, and she doesn’t care. So did someone else hear it or what?
I take it you have never discussed with your Pharm on a chit chatty level that you are hoping to have a baby someday? But if so, and then your Mom comes in he may have felt like he was in the family circle and just mentioned it to be chatty?
It also sounds like your Mom may have shared this news with others to the point of if it affecting those relationships you are worried about?
NTL, he spoke out of turn, talk to him and set him straight.
I’m with those above. A lawsuit would be petty and very hard to prove. We all make mistakes; would you want someone to put your job at risk just because you spoke out of turn? Granted, what he did was wrong and owes you a sincere apology, but don’t be a jerk about it all. Take a few deep breaths, complain to the boss, and move on with your life. If anyone asks if you’ve taken care of the situation (those with whom you have “affected” relationships with), let them know the pharmacist was wrong and you’ve taken care of it.
Oh, I agree with what you all are saying. It’s just that my husband and I are currently separated. It just gave my Mom pause and stunned me when she brought it up. The situation won’t escalate, but I’m afraid I let my mind run wild with the what ifs, you know? So, no, there is no way I would’ve ever dreamed of saying to the pharmacist that I was trying to get pregnant. My Husband and I are not divorced (yet) but we don’t live together and I’m not going around trying to get pregnant at this point. Either way, the guy was way out of line!
Strongly disagree. She was in a place where privacy is a right, not a privelege. A hospital is more or less a public place as well, and HIPAA rules apply there very strongly. If a couple of doctors are discussing a patient in a cafeteria, it’s not like the patient has waived rights because the cafeteria is a public place.
And it’s not like someone overheard the conversation between Dr. Drug and Hazel. Dr. Drug openly disclosed patient information to a third party. An expectation of privacy is absolutely 100% expected in a situation like that.
Nail his ass to the wall.
Sure, but we don’t all break the law. This wasn’t an oopsie. This was a medical professional disclosing private medical information about a customer.
If she complains to the state pharmacy board, he could have his licence suspended while they investigate.
Another what if… Suppose it had been my husband instead of my Mom. I guarantee that any type of reconciliation would’ve gone out the window. So…do I just tell them I’m taking my business elsewhere and here’s why…?
Since your are not trying to get pregnant, never told him you are trying to get pregnant, and the drugs you buy there have nothing to do with trying to get pregnant, I suspect the pharmacist confused your mom with someone else even though he got your name right.
Seems to me asking him about it would be the best way to handle the situation; a simple “What were you thinking when you asked my mom if I was still trying to get pregnant?” He sounds like a friendly sort … save the nuclear option for another day.
What private medical information was disclosed? The OP states she takes an anti depressant(lexapro) and an anti anxiety(alprazolam) medication, neither of which have anything to do with getting pregnant. She also says she’s used Plan B twice, which is an emergency contraception. It sounds more like the pharmacist may have gotten his patients confused since the use of Plan B would suggest the OP does not want to get pregnant. The statement the pharmacist made does not disclose anything about any of these medications. I can understand being angry but threatening a lawsuit seems like a bit much to me.
So him getting it wrong makes it OK to do? He’s still sharing, wrongly, private medical information with someone who is not the patient and not that patient’s doctor. If he asked the mom “oh hey, is Hazel still feeling depressed?” that would be accurate and still wrong for him to do.
A couple years ago I went to my internist (who works at the same hospital I do), who looked at my chart and asked if I was really there for surgical clearance. Turns out they’d mixed up the charts. If she got forgetful that it was a mix-up and asked one of my colleagues later how my surgery went and I was back to work, that would still be a HIPAA violation, to the best of my understanding.