HIPAA? You are mistaken

Posted by The *Angriest* Pharmacist as Lazy People, Rude, Stupid People, True Story

I got a call today from a nice lady, we’ll call her Gail. She asked me if she could transfer a prescription to my store from a Walgreens. I, of course, said that it was no problem. I got her applicable info and asked her what the script was for…She told me she did not know. She called the store and asked them what it was, how much it was, and when it would be ready (not a huge request — or anything out of the norm). The “person” that she talked to told her that the information she asked for was considered private information and could not be divulged over the phone as it was not a secure form of communication. Holy freaking crap…

I told Gail that this was completely wrong and off-base, and that if she provided them with some sort verification of her identity, there was no problem with telling her anything about her treatment. She agreed that whoever she spoke with was a complete retard. I went on to tell her that as far as HIPAA is concerned, everything is expected to be done in good faith. If I have no reasonable doubt that you are trying to gain access to information that is not your own, I will face no penalties for revealing that information to you as it is you that made a fraudulent claim (So long as I made a reasonable attempt to verify your identity with DOB, address, etc). Basically, all this “person” was willing to tell her is that, “Yes, a prescription was called in, and no it is not in the penicillin family.”

I think that I smell a chance to really be a prick here…Cha-Ching!

I called Walgreens and spoke with a girl that we’ll call, “Sparkle.” I told her I wanted a transfer. The script had not yet been input so she’ll just read it to me and pitch it (This is also the incorrect way to do it. It should be input and place on hold then transferred and deactivated, but telling a worthless Walgreen’s tech that means I have to wait two hours and call back). I got the script and all the info I needed. Then I started in with Sparkle. My comments are bolded.

“Gail told me that she called and you all refused to give her any information regarding this script.”

“That’s right. HIPAA doesn’t allow us to give any information over the phone as we cannot verify who is on the other end of call.”

(I wanted to say, “Hey, idiot. I’m a pharmacist. I’m well aware of HIPAA and its requirements,” but I digress)

“That’s incorrect. If you make a reasonable attempt to verify her identity then you can reveal any information over the phone. HIPAA isn’t a means to place information in a lockbox to never let it out. It’s there to protect information from falling into the wrong hands.”

“It’s Walgreen’s policy to not reveal information over the phone.”

“Wrong again, dear. I worked for Walgreens in college. I know their policy. I also know that I talk with a ton of Walgreens each week, and I’ve never encountered such a misuse of the word, HIPAA. I’ve even filled a few of my own medicines at Walgreens in a bind, and I’ve called in and never had this problem.”

“Well that’s this store’s policy…”

“Aww now don’t lie to me because I’ve proven that you know next to nothing. I know that no store in a chain will, or is allowed to, have any policies different from what the headquarters set out. You’re just backing off because you have realized that I’m not buying your claims. They’re bogus.”

“Whatever…”

“Are you a pharmacist?”

“No, I’m the Senior Tech”

(Don’t get me started on Walgreen’s Senior Tech program. Most of them are worthless. I’ve worked with some that were fabulous, but giving idiots an important-esque title just fills their head with pride and ego. In these case, this chick was trying to flex her pseudo-nuts.)

“Wow. And you’ve been telling your patients that stuff for how long? How many people have you turned away? Can I talk to the pharmacist?”

CLICK. The dumb bitch hung up on me. [sarcasm] I would have expected more from a SENIOR TECH! [end sarcasm] I could’ve called back. I probably should have. But, I was busy at the time, and I could care less how many people Walgreens pisses off and chases away. I’ll pick up a few more prescriptions here and there.

Anyway, I told Gail about the exchange, and she thought it was hilarious as I did. I told her that it was my suggestion to never go to that store again. If the pharmacists on duty there allowed that kind of stuff occur, I would question the way things run there in general. I instantly gained a friend and five or six prescriptions a month at the same time.

Here are a few pertinent snippets I found on Wikipedia concerning HIPAA and this situation. I used wikipedia because it’s good at paraphrasing long winded documents such as HIPAA. Emphasis is, of course, mine.

-=+=-

A covered entity may disclose PHI to facilitate treatment, payment, or health care operations or if the covered entity has obtained authorization from the individual. However, when a covered entity discloses any PHI, it must make a reasonable effort to disclose only the minimum necessary information required to achieve its purpose.

The Privacy Rule gives individuals the right to request that a covered entity correct any inaccurate PHI. It also requires covered entities to take reasonable steps to ensure the confidentiality of communications with individuals. For example, an individual can ask to be called at his or her work number, instead of home or cell phone number.

-=+=-

Yet again, I’ve proven another Walgreen’s employee completely retarded and worthless. Only 194,999 employees to go.

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