Hipaa violation-pharmacist & HIV?

In a conversation with a doctor about a cough syrup, the md asked me (RPh) to tell her what other medications the patient was taking. I told her the meds (HIV drugs). This was not the md who prescribed these meds. The md told the patient's mother about our conversation. The patient's mother works at the medical office. The patient is 20 years old. My company suspended me with possible termination saying that this is an egregiousious violation of HIPAA because I released HIV info to the doctor that did not prescribe the HIV meds. I could not find any mention of this in the federal HIPAA laws. There may be a stricter NJ law regarding HIV, but I feel my conversation with the md was permitted under the treatment section of HIPAA. Am I in violation?

HIPAA laws allow disclosure for the purpose of treatment. As the md was treating the person and asked for information to treat them, there is no HIPAA violation. Contact a labor law attorney.

Yes. Hippa is designed to protect the patient. The doctor that you discussed the issue was not the patient's physician and therefore did not have a need to know.

Because of this violation, the patient may have a right to sue, the company. It sounds like what you did was not malicious. I wish that things were different for both you and the patient. The physician that discussed this with the patients' mother should be reprimanded or suspended as well.

The key here is disclosing for treatment. If the discussion was not for treatment purposes, it may have violated HIPPA.

It is not if he signed a form when he went to the doctor stating that he authorized them to obtain info regarding his care. I have never been to a doctor who did not have this type of form. Most just sign it with all the other forms when you're a new patient, without even reading the whole thing.

It is also the pharmacists job to inform doctors of all medications in case there should be an interaction. This doctor is liable, not you.

I don't see it.

A couple of areas.

Minimally Necessary.

The rule states that an entity will make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure or request.

-You did that, you merely answered the physicians questions which were directly related to the medications.

Relating to Pharmacists and telephone conversations

http://www.hhs.gov/hipaafaq/administrati...

Regarding discussing the patient with other providers

http://www.hhs.gov/hipaafaq/limited/196....

I see no violation here unless it is a NJ violation

I don't think you're in violation, as a RPh, you were asked what other medications the pt was taking, what were you supposed to do? And usually, HIV/HEP-C treatments are not administered or prescribed by the patients PCP... but I think you'd might as well research a little more.. I personally think the MD is more in violation than you are because she spoke to the pts mother about the meds..

I believe I've already answered this question though I'm starting to think it was simply trolling.

what you could have done, was advise him to speak with the guys doctor.