Q: "I was in to pick up my monthly prescriptions for HIV medications the other day. The clerk behind the counter told me my prescriptions for HIV medications had to be filled elsewhere now because it's a specialty medication. There were several people around, and she used the word "HIV" when addressing me. I don't like to disclose my status to strangers. I'm wondering if I should report this. Aren't there pharmacy rules on confidentiality? Also, have you also heard about insurance that does not cover HIV medications at a normal pharmacy?"
A: In short, it sounds like this information was exchanged near the cash register, and at the very least, this 'conversation' should have been taken to a more private area. Ideally, the pharmacy would
have contacted you by phone to review this insurance issue before you even came in. But unfortunately,
that's not the case, and this kind of scenario happens much more often than people think, and it's important to know how to handle it.
In hindsight, any member of the pharmacy staff should use extreme caution when discussing any PHI (protected health information) with a patient at the pharmacy. (PHI is any individually identifiable health information.) Because of the changes in the HIPAA (Health Insurance Portability and Accountability Act), the patient has very explicit rights when dealing with PHI. That said, the HIPAA laws are vague on information that is "overheard" by other individuals that may be standing around the patient area when information is being discussed.
In a high traffic pharmacy, hundreds of patients cross the register daily. Some people will yell out in front of a waiting room full of strangers, “I want to pick up my Viagra and Xanax,” and not blink an eye. Other people are much more discreet and don’t want this information known by others.
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