Q&A: Application of Safe Harbor protections
Q. Can a third-party doctor’s office cancel an appointment I had with another doctor without my consent? I made the appointment with another doctor for a second opinion related to surgery I had. The appointment was canceled by the office of the doctor who performed the surgery. At no time did I give the office consent to make or cancel appointments for me. The appointment was cancelled without my consent and without subsequent notice from either office—I only discovered the appointment was cancelled when I checked the patient portal. Does Safe Harbor protect me here with my name and appointment information being disclosed? Does HIPAA protect me at all?
A. “Safe Harbor” applies to the de-identification of individually identifiable health information, not the disclosure of health information between two treatment providers. However, it is inappropriate for your original surgeon’s office to cancel your appointment with another provider without your knowledge or consent. Have you discussed your concerns with the second physician’s office? It is likely that they contacted the original surgeon’s office for information about your prior surgery so the second surgeon could evaluate you, and that is acceptable under HIPAA. This would be considered a treatment disclosure, and patient consent is not required for treatment disclosures. This incident probably does not constitute a HIPAA privacy violation, but you should discuss your dissatisfaction with the second surgeon or that surgeon’s office manager.
Editor's note: This question was answered by Mary D. Brandt, MBA, RHIA, CHE, CHPS. Brandt is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for BOH. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Editor Nicole Votta at nvotta@hcpro.com.