Is this really a Hipaa Violation?

[SpartanLaser]

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I was working today at the pharmacy at the register when a lady comes up. She said she was picking up 5 prescriptions, and I noticed there was a few on hold. So I ask her what prescriptions she was looking for since I did not know if the ones on hold were the ones she wanted. She tells me the names of the medications only to find that they hadn't been called in yet. Then she turns away, and just says "never mind".

Ten minutes later, she calls the pharmacy saying how I violateed her privacy by asking her what medications she was looking for when she didn't feel comfortable saying it with another customer behind her. Then she proceeded to say how CVS sucks and she will go to walgreens from now on.

The question is, is asking what prescriptions a customer is looking for really a violation of HIPAA? I did not say the names of any of her precriptions and if she felt uncomfortable saying it, she could have told me so. However, she decides to say the names anyway and then complain to my superiors 10 minutes later.

 

[delano2000]

Not to my knowledge. When I used to do retail and a customer would ask for a refill or whatever, I would sometimes ask what meds she was picking up. It's not like you were discussing that with the patient behind that lady (at least I am assuming). Maybe someone else can weigh in on this.

Plus, I am sure that the customer behind her was supposed to be behind a line to ensure some privacy for the patient at the window.

 

[owlegrad]

I was working today at the pharmacy at the register when a lady comes up. She said she was picking up 5 prescriptions, and I noticed there was a few on hold. So I ask her what prescriptions she was looking for since I did not know if the ones on hold were the ones she wanted. She tells me the names of the medications only to find that they hadn't been called in yet. Then she turns away, and just says "never mind".

Ten minutes later, she calls the pharmacy saying how I violateed her privacy by asking her what medications she was looking for when she didn't feel comfortable saying it with another customer behind her. Then she proceeded to say how CVS sucks and she will go to walgreens from now on.

The question is, is asking what prescriptions a customer is looking for really a violation of HIPAA? I did not say the names of any of her precriptions and if she felt uncomfortable saying it, she could have told me so. However, she decides to say the names anyway and then complain to my superiors 10 minutes later.

First of all, thank you for spelling HIPAA correctly.

Next, no it is not a violation to ask what medications a patient wants to pick up, BUT discretion is key. Don't discuss issues like these in front of other patients - either move that customer to another station or ask the other customers to back up.

 

[IrishHammer]

I was working today at the pharmacy at the register when a lady comes up. She said she was picking up 5 prescriptions, and I noticed there was a few on hold. So I ask her what prescriptions she was looking for since I did not know if the ones on hold were the ones she wanted. She tells me the names of the medications only to find that they hadn't been called in yet. Then she turns away, and just says "never mind".

Ten minutes later, she calls the pharmacy saying how I violateed her privacy by asking her what medications she was looking for when she didn't feel comfortable saying it with another customer behind her. Then she proceeded to say how CVS sucks and she will go to walgreens from now on.

The question is, is asking what prescriptions a customer is looking for really a violation of HIPAA? I did not say the names of any of her precriptions and if she felt uncomfortable saying it, she could have told me so. However, she decides to say the names anyway and then complain to my superiors 10 minutes later.

Yes, this was completely unethical and uncalled for. How dare you not be able to read her mind when she asked you a question?

It's not a HIPAA violation, and if she had those concerns, she should take them up with the store manager, not with you. The design and layout of the pharmacy are not your doingg nor are they your responsibility.

Frankly, though...good riddance. She sounds like a bitch, and now you have one less of those to deal with at work.

 

[SHC1984]

What meds was she on??? I mean if it was something like Valtrex, then I guess I can understand why she was so upset at you for asking her what meds she is on!!!

Some patients are on medications that they are not proud of or they have conditions in which they do not want to share, so they will get sensitive when you ask them these questions.

In short, retail sucks. Do mail order. 🙂

 

[jkong]

Hell no it's not a violation of HIPAA.

You asked HER what medications she's inquiring about. If she was uncomfortable, she could have wrote them down or whispered it to you. You didn't force her to scream at the top of her lungs that she has an STD or cancer or something. Plus... I bet the cutomer behind her wouldn't even KNOW what her meds are for because none of the patients can ever pronounce their own medications.

My pharmacy deals with a specialty in HIV+ treatment so if anyone should be all sensitive about their health, it's these people. And I friggin love them because they can walk up to the counter and say "could I refill my meds?" and you KNOW it's a combo of Truvada, Norvir, Reyataz, Kaletra, Combivir, and/or Atripla.... plus vitamins.

From the sound of your story, you are all good. She was just angry that you had to mind-read her and that she still had to wait.

... still doesn't lessen her co-pay...

 

[SpartanLaser]

No valtrex. Just same old common medications that we fill about 100 of every day (stuff like ambien, lipitor, statins etc).

 

[rxlea]

It isn't a HIPAA violation but you need to learn to have some discretion. You could have pulled her aside- said, "How about we step aside where there is a bit more privacy?" I don't understand why so many of you seem angry at the patient for not wanting a bunch of strangers to know what she is taking- HIV meds or not. Have some compassion/understanding.

 

[Rockinacoustic]

There's so much gray matter in what is or isn't a HIPAA violation. You did nothing to violate the law, although I forsee a talk from you PIC or DM mimicking what Lea said.

 

[amox]

I had this problem the other day. We are required by my company to verify the address before giving the medication to the patient. I asked the patient their address, and the patient proceded to tell me their address. After the fact, he stated that it is a violation of his privacy to ask that infront of other patients (that were behind the line).

I just appologized and said next time if you are uncomfortable to mention that and we could have moved to a private area. I said this as nicely as possible and that resolved the issue.

No complaints, learning how to communicate with patients is another valuable skill. Not saying you did anything wrong, there are always people looking for trouble.

I ask the patient which medication they are looking for all the time. And over 30 months, I've had no complaints.

Don't let it bother you, just move on.

 

[SHC1984]

It isn't a HIPAA violation but you need to learn to have some discretion. You could have pulled her aside- said, "How about we step aside where there is a bit more privacy?" I don't understand why so many of you seem angry at the patient for not wanting a bunch of strangers to know what she is taking- HIV meds or not. Have some compassion/understanding.

I agree 100% what you said. However, during busy hours when there are a million people in line waiting for you to finish, the phone is ringing, drive thru is back up, etc. It is really hard for me to claim down and take things slowy...when it is busy and I feel pressure to "hurry up" I just try my best to get things DONE ASAP, so I guess that's why sometimes people don't give special treatments or slow down to do stuff like ensure privacy when there are just so much going on and not enough time to do anything else. I also make the most mistakes when I feel that I am being rushed!!! I hate that feeling of being RUSHED when I am busy and it just drives me crazy and I do all kinds of stupid stuff when that happens.

 

[rxlea]

Maintaining composure and focus during hectic times isn't innate. You learn it through experience.

 

[All4MyDaughter]

I work in a pharmacy where there is no place to pull someone aside privately. We also use an intercom to speak to the patients through the glass window. I ask almost every patient what they are looking for because it expedites things at our facility. If their RX isn't in the main rack there are about 5 other places it COULD be, so rather than search them all, we just ask. We just do the best we can and make sure other patients stay back behind the line so they aren't crowding and to minimize overhearing.

I don't think the OP did anything wrong. I really do think that some people are just primed to complain about stuff.

 

[R2pharmD2]

Maintaining composure and focus during hectic times isn't innate. You learn it through experience.

^Truth. This is one of the many benefits of having a pharmacy job prior to and/or during pharmacy school. I noticed early on that I naturally wanted to push myself to do things faster and faster as things got crazy, but that's when I'd catch myself making mistakes. Sometimes the best thing you can do is stop, take a breath, and refocus.

 

[owlegrad]

^Truth. This is one of the many benefits of having a pharmacy job prior to and/or during pharmacy school. I noticed early on that I naturally wanted to push myself to do things faster and faster as things got crazy, but that's when I'd catch myself making mistakes. Sometimes the best thing you can do is stop, take a breath, and refocus.

QFT - This is why real work experience is invaluable IMO.