Legality of This...if any

[shanbaum]

I don't know of any authority that has found that a spectacle RX is not personally-identifiable health information, required to be protected under HIPAA. If anyone has actual knowledge of such a decision, please post a link or reference to it. So far as I'm aware, it is PHI, and shouldn't be disclosed over the telephone without the use of some positive mechanism for identifying the patient (like a secret word), or if the purpose of the disclosure falls under one of exceptions specified in the regulations (such as being necessary for treatment or billing).

[Barry Santini]

I don't know of any authority that has found that a spectacle RX is not personally-identifiable health information, required to be protected under HIPAA. If anyone has actual knowledge of such a decision, please post a link or reference to it. So far as I'm aware, it is PHI, and shouldn't be disclosed over the telephone without the use of some positive mechanism for identifying the patient (like a secret word), or if the purpose of the disclosure falls under one of exceptions specified in the regulations (such as being necessary for treatment or billing).

This is a clear reason why Rx parameters/CL parameters should not be classed as medical info, IMHO.

B

[rbaker]

Contact lens probably was a medical devise when custom fitting and skills were required. Now that softlenses have evolved where almost any dingbat can fit them and definitely any dingbat can supply them they are probably a novelty item.
What would you expect when you have a devise that is trown away every day and "one size fits all."

Chip

I believe that an apology to dingbats is in order here.

[rbaker]

Wow, all the patient ask for was the parameters over the phone. Chip established that rxs are not covered by Hippa. A few key questions could establish and verify you are talking to the right person. Then it was brought up about stalkers, creepy people out there and what they could do with the information. Really???? Remind me please, we are talking about the parameters of a contact lens script. It has already been established that rxs are deemed a medical record. You state it is expired. Ok, the patient is still entitled to a copy. The only way you are breaking the law is by refusing the patient a copy. Again, why do you feel the need to be difficult and turn your customer off. Try being nice and give the lady her parameters for Pete's sake! She might return to your store to purchase something. As it stands now, she will never come back or anybody she knows. If you treat me right I will tell a few people, if you treat me wrong I will tell everybody! Good luck staying in business.

Is Hippa similar to HIPAA?

[cmarx]

Our Reply" We will be very happy to give you a hard copy of your expired RX. I'm sorry that I can't read it over the phone to you as it is too easily misinturpreted over the phone. I'm sure you can understand we don't want you to have the incorrect information. Can I fax, or mail this to you or would you like to pick it up in our office?" We've not had any one give us a hard time yet.

[himmeroo]

It doesn't matter if you give it or not.She won't be able to get it filled legally anywhere,lawyer or not.

[a1vo]

It doesn't matter if you give it or not.She won't be able to get it filled legally anywhere,lawyer or not.

well, go to any online contact store and patients can order CL there. Because, those in doctor's office just ignore the annoying Rx verification phone calls. Online store default those incomplete verification as "doctor's office did not say No about the Rx, so they are all valid"

[Barry Santini]

well, go to any online contact store and patients can order CL there. Because, those in doctor's office just ignore the annoying Rx verification phone calls. Online store default those incomplete verification as "doctor's office did not say No about the Rx, so they are all valid"

Remember this, when you see the increasing amount of Oboya bashing.

I will never forget that GWB was responsible for the inclusion of this default in the FCLC Act.

Oops...I see a pattern: Let's make it "easy and more convenient" for the consumer - exhibits A & B:

A: default favoring approval for fax confirmations of CLs by online vendors

B: NY's attempt at instituting driver 'self-certification' of visual acuity.

Now, where's that hand basket?

B

[pseudonym]

I will never forget that GWB was responsible for the inclusion of this default in the FCLC Act.

I always wondered what the defining moment was, now I know. Not surprised. Let's have less regulation for all, shall we?

Ever since the planes began falling out of the sky during the deregulation of the airlines, that's always worked out well.

[opty4062]

It doesn't take long for patients to get wise to the time limits on verifications either. In our case, if you intentionally order late on a Friday or on a Saturday and we can't respond within 8 hours the company will go ahead and fill the order. That's why we always go back and fax the corrected rx, parameters and expiration date, even if it is too late to stop the order, to prevent them ordering that way again. (hopefully)

[Uncle Fester]

That's why we always go back and fax the corrected rx, parameters and expiration date, even if it is too late to stop the order, to prevent them ordering that way again. (hopefully)

[optilady1]

We are real sticklers for online contact lens verifications in our office. Due to the hours at our second smaller office, I might not get a fax for a few days. However, I do call them when I receive a verification fax, and let them know that a patient is expired. Every fax is documented. I understand it's like putting a bandaid on a cracked damn, but I won't let it slide.

[a1vo]

don't get me wrong. I never like the idea of online CL vendor's "default". It make official doctor's Rx like a joke. It steal our hard earned money. whenever I have the chance to reply such confirmation, I always reply "there is a $10 charge for Rx verification from 3rd party. please sign the agree-to-pay form first". then, it stop to come. Of course, pt's direct requests are honored at no extra charge.