I received a phone call from my patient of over 40 years who happens to be a dentist. His longtime office manager, an acquaintance of mine for the same period had become acutely ill and was now in the critical care unit of a local hospital. She had developed fevers, chills, shakes and gone into infection related shock. She was transported to the hospital by EMS and discovered to have a kidney stone blocking the flow of urine out of one kidney. An emergency procedure was performed to drain that kidney until the patient was healthy enough to remove the stone. Her kidneys had shut down in shock, and she was receiving dialysis with the hopes her kidney function would return.
She was being treated in a critical care unit under the care of an intensive care physician, an infectious disease physician, a kidney specialist and a urologist. The patient’s adult daughter is her legal health care surrogate and she got on the phone line and requested that I review her mother’s chart and explain what happened and comment on anything else that can be done. The daughter said her mom was in bad shape and might not survive.
I explained to the daughter that although I was a member of the hospital staff in good standing, and had access to everyone’s medical record, it was illegal, unethical and unprofessional to view the chart of a patient you were not caring for. I did suggest that if she or her mom gave me written permission to view the chart as a consultant, I would take a look.
The daughter understood and agreed to do that. Usually when a consultation is requested you receive a call notifying you of the request. I received nothing. Several hours later my cell phone rang again, and it was the patient. She sounded tired but competent and asked if I had looked at her chart yet. It was now close to 10:00 p.m. on a Friday evening and I explained that I needed written permission to proceed. She said she and her daughter had signed a written request hours ago and given it to the nurse and unit clerk. I promised to contact administration immediately and texted the Chief Medical Officer (CMO) of the hospital. I additionally listened to her version of what occurred and what was done to treat her. I felt the care and treatment was outstanding and made sure she understood that.
When you access a patient chart and are not one of the physicians of record security intervenes and asks who you are and why you are accessing the chart. If you proceed without permission, you are violating a federal privacy law, HIPAA and hospital medical staff rules leaving yourself vulnerable to fines, suspension of privileges even loss of license.
For this reason, I texted the CMO explaining the situation, informing him I was formerly requested in writing and asking for administration’s permission to view the chart. In the recent past, if you identified yourself as the patient’s outpatient doctor you gained access. That option has disappeared in recent weeks.
The CMO got back to me quickly denying my access to the patient chart. He said it would be a HIPAA violation and concluded, “Please dont access the patient chart.” I let him know I thought he was incorrect but did nothing. He suggested I talk to her physicians but avoid the chart.
The next morning, I made a few phone calls to health care attorneys I know well. When you practice in the same area for 50 years you develop relationships. They all felt with certainty that I could legally access that chart. Each agreed to represent the patient and me if we chose to challenge the CMO’s order.
I declined their offer considering the options when the patient called me again. She was completing dialysis and her fever was normal for several hours. She said nursing and intensive care were wonderful. She asked if I had reviewed the chart and I explained why I had not. She was furious at the situation and said she was calling her attorney. I asked her not to do that.
“You are improving and the care, attention and concern from the staff are excellent. Let’s get you healthy and home. If we pursue the legal action word will filter down to your care group and I don’t want them to be spooked. When you recover, we can evaluate the pros and cons of fighting this skirmish on our terms. Let’s get you healthy first.” She accepted that and agreed to call daily with updates and more often if she needed to. Getting her healthy is the priority. This affront by administration will not be tolerated by me but I will just wait to engage until I have the advantage, and the battle won’t put a sick patient at risk
Filed under: Baby Boomers, Best Doctor, Board Certified, Boca Raton, Boynton Beach, Broward County, Concierge Medicine, Concierge Physician, Deerfield Beach, Delray Beach, Elderly, Florida, Geriatrics, Geriatrics, Internal Medicine, Palm Beach County, Senior Citizens | Tagged: Chief Medical Officer, HIPAA, Hospitalization, Kidney Stone, Legality, Medical Staff Rules | Leave a comment »