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Thread: Hiding behind HIPAA to keep from releasing Spectacle Rx

  1. #1
    Old Optician to New OD Aarlan's Avatar
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    Hiding behind HIPAA to keep from releasing Spectacle Rx

    Now I'm annoyed. We called for a state medical patient to get her eyeglass Rx to make a replacement pair of glasses. Original office too far away. Not a full records release, with sensitive pt info and PHI info...the eyeglass script.
    Now, this office apparently didn't write out a script before pt left in the first place and now wants to make a big deal to release the script.
    I understand the premise of HIPAA, but making someone jump through hoops for the spec Rx seems a bit trivial.
    Just venting.

  2. #2
    Master OptiBoarder OptiBoard Gold Supporter DragonLensmanWV's Avatar
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    Inform them of the 10 grand fine for their refusal and see if that helps.
    DragonlensmanWV N.A.O.L.
    "There is nothing patriotic about hating your government or pretending you can hate your government but love your country."

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    Master OptiBoarder Striderswife's Avatar
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    I'm pretty sure you (or they, rather) don't need a records release signed to give out the glasses Rx. That is supposed to be given to the patient at the time of the exam, even though most places don't, unless the pt asks. You are obviously making glasses at the patient's request; it's really the patient who wants the Rx, and they are entitled to it! I understand your frustration. I think there are some very good reasons for HIPAA, but for the most part, it's just caused us a lot of work. :/
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    Master OptiBoarder kat's Avatar
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    Sometimes I think that people just make it hard for us to share Rx's. They want to keep it for themselves, or make anyone jump through hoops to get it. I feel for you. We have one company in AZ that even if the patient has already signed a release, they make the new office or Dr sign one too before they will release any records.........:angry:
    I came, I saw, I left

  5. #5
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    Quote Originally Posted by kat View Post
    Sometimes I think that people just make it hard for us to share Rx's. They want to keep it for themselves, or make anyone jump through hoops to get it. I feel for you. We have one company in AZ that even if the patient has already signed a release, they make the new office or Dr sign one too before they will release any records.........:angry:
    That has NOTHING to do with HIPAA.

  6. #6
    Master OptiBoarder OptiBoard Gold Supporter DragonLensmanWV's Avatar
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    Yes, the records are supposed to be Portable, but Accountable.
    DragonlensmanWV N.A.O.L.
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  7. #7
    Master OptiBoarder AngeHamm's Avatar
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    Quote Originally Posted by Aarlan View Post
    Now I'm annoyed. We called for a state medical patient to get her eyeglass Rx to make a replacement pair of glasses. Original office too far away. Not a full records release, with sensitive pt info and PHI info...the eyeglass script.
    Now, this office apparently didn't write out a script before pt left in the first place and now wants to make a big deal to release the script.
    I understand the premise of HIPAA, but making someone jump through hoops for the spec Rx seems a bit trivial.
    Just venting.
    In an industry where patients routinely believe you should consent to make them glasses based on a neutralized old pair, I don't have a problem with jumping through a few hoops to get a proper written RX.

  8. #8
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    http://www.hhs.gov/ocr/privacy/hipaa...srsummary.html

    Authorized Uses and Disclosures
    Authorization. A covered entity must obtain the individual’s written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.44 A covered entity may not condition treatment, payment, enrollment, or benefits eligibility on an individual granting an authorization, except in limited circumstances.45

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    OptiBoard Apprentice LAGUNAEYEDESIGNER's Avatar
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    Nowadays, it is really hard to get a copy of Rx from another places eventhough they are just one block from your office. Please focus on the patient's needs-a new pair of glasses? Why not do a new eye exam or refraction for the patient? Do good things, good karma will return to you. My "2 cent" of thoughts. Laguna.

  10. #10
    Master OptiBoarder OptiBoard Silver Supporter Barry Santini's Avatar
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    It's never about "sharing" the Rx...

    It's all about "controlling" the Rx....

    Just take any Vision Exop course on *capture ratios"

    B

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    Quote Originally Posted by wmcdonald View Post
    That has NOTHING to do with HIPAA.
    Unfortunately so many people are scared of the HIPAA boogeyman that they won't do anything without a signed release... dumb, but that's often what they're thinking.

  12. #12
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    Interesting...I just had a patient call his OD and the OD faxed the Rx direct to me, no questions asked. Oh, and they even supplied a PD! :bbg:

  13. #13
    Master OptiBoarder OptiBoard Gold Supporter DragonLensmanWV's Avatar
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    Some people just take the opportunity to be a HIP -PIA!
    DragonlensmanWV N.A.O.L.
    "There is nothing patriotic about hating your government or pretending you can hate your government but love your country."

  14. #14
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    If it was about HIPPA a pharmacist would need to get a signed release for any RX when in reality all that is done is a phone call to the Dr's office. Same with our business. If some offices prefer further distance the patient by inconveniencing them rather than complying with a request then they have control issues. Most offices comply with an Rx request with a (perhaps grudging but) gracious response. Those that don't are only hurting themselves in the long run.

  15. #15
    Master OptiBoarder Striderswife's Avatar
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    @ NavyChief: thanks for that link!!! I've added it to my Favorites. :)

    @ cocoisland58: you're exactly right. I often relate my position to that of a pharmacist (Dr gives you a prescription, you take it to a pharmacist/optician to get it filled. Same thing.), and I think that fits really well. You guys are great!
    It's nice to be important, but it's more important to be nice.

  16. #16
    Independent Owner kcount's Avatar
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    easy way to avoid all this. Have a stack of releases at the ready. I have each patient sign a release every time I have to go call the doctor's office. That is every office except the local hospital who will release the rx with a simple phone call. Barry hit it on the head, it's about controlling the rx not releasing.
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    Where is the balance between efficiency and the protection that HIPAA is supposed to provide?

  18. #18
    Independent Owner kcount's Avatar
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    Quote Originally Posted by JimEasley View Post
    Where is the balance between efficiency and the protection that HIPAA is supposed to provide?
    It's sitting on the floor between the House and the Senate.
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    Whether the original poster's allegation that the patient did or did not get a Rx release is the issue. It is convenient to stigmatize further optometrists in refusing prescription releases. But it is also possible and even probable that the original prescriber had given a prescription. The Rx release law doesn't require a release for subsequent prescriptions without documentation. Therefore, it is incumbent upon the doctor to either decide whether they want to release with or without a records release, but in no way is federal law compelling them for SUBSEQUENT rx's.

  20. #20
    Master OptiBoarder
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    HIPAA is clear. It is OK for prescribers to forward information to other providers, like Opticians and/or pharmacists without a release. The only reason not to do so is to make it harder for patients to purchase eye wear elsewhere. I do not wish to dispute you, but there are many myths that are not true. This is an example. Keep in mind that HIPAA is continuing to be modified still today.

  21. #21
    Master OptiBoarder rbaker's Avatar
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    Quote Originally Posted by wmcdonald View Post
    HIPAA is clear. It is OK for prescribers to forward information to other providers, like Opticians and/or pharmacists without a release. The only reason not to do so is to make it harder for patients to purchase eye wear elsewhere. I do not wish to dispute you, but there are many myths that are not true. This is an example. Keep in mind that HIPAA is continuing to be modified still today.
    And, keep in mind that HIPAA will be subjected to many different interpretations by the various players in the game. We will also see unintended consequences as the implementation of the Act evolves.

    In any case it is a bunch of government baloney.

  22. #22
    OptiWizard
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    Easy solution: Have Rx mailed to patient.

    Patient has right to their own record, no release needed.

    Harry

  23. #23
    Master OptiBoarder Mizikal's Avatar
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    http://frwebgate.access.gpo.gov/cgi-...ubl164.108.pdf

    require the patient to sign a waiver or release as a
    condition of verifying or releasing a prescription

    I don't know if this applies to glasses Rx as well but it should. I hate when I call a Dr's office and have to make my customers jump through hoops just to get contacts Rx. There is on office nearby I have a horrible time with.I play ball though because I have to. I did however fax over a copy of this law along with the waiver. In hindsight that was a mistake on my part. I guess I really made them mad because the DR called the patient herself to explain why. If I call and want I patients files faxed over I will send a release form but I should not have to for a simple RX.

  24. #24
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    I ask the patient to call the Doctors office and have them fax the patient a copy to their fax number. And the number they give is mine! That way I get it and can give the patient a copy and all is well!

  25. #25
    OptiWizard Pogu's Avatar
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    Quote Originally Posted by rbaker View Post
    We will also see unintended consequences as the implementation of the Act evolves.

    In any case it is a bunch of government baloney.
    These two sentences describe the vast majority of government action. Sad.

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