Complaints

• Initial Complaint

  01/10/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  there is no program support. I have requested paperwork from the first visit via email. I have sent the office requested paperwork by email. I even wrote a letter to Dr. ** ******* ****** and he did not respond his program support responded - not answering any questions or providing the proper paperwork. I do not have a phone and I requested to be contacted by email. I feel the program support has ignored me and delayed any positive progress to my health. Program support staff have hindered my health progress and contributed negatively to health situation

  Business response

  02/13/2023

  Allow me to begin by stating that 99.5% of my office's patient encounters begin with either a telephone call or an in-person visit.  Seldom, in fact, rarely do any patient encounters occur via e-mail.  Some other practices may operate differently and utilize e-mail more frequently. Yet, my office does not have an e-mail support staff as Ms. ******* indicates. I'm not sure how she obtained that e-mail address, for it is not published to the public?  That e-mail is reserved mostly for business-to-business activities, like ordering medical supplies and communicating with vendors. Occasionally I will perform some telemedicine activities with that e-mail address. Those telemedicine activities are 100% initiated by me requesting the patient to forward pictures to that e-mail address.  By doing so, the patient doesn't have to drive between 50 and 150 miles to see me in-person when a photo would suffice.  When that type of encounter occurs, I alert my medical assistants to be aware that medical information would be arriving via that e-mail and we respond accordingly.
  
  That being said, Ms. ******* was seen in my office for a routine foot issue. After the visit concluded, she attempted to e-mail my Website: ***************** which does not offer e-mail service.  Undenounced to either me or my staff she had obtained the ************************************* e-mail address and requested a work note excusing her from work due to being seen at my office.  That is a very reasonable request the 99.9% of the time occurs via telephone interaction or with an in-person visit.  Neither me nor my staff were aware that that type of request would be originating by e-mail.  We do have evidence that a return e-mail was sent to Ms. ******* a week or so later, yet the response had nothing to do with her request and was likely sent in error. I questioned my staff and none of three recall sending an e-mail reply to Ms. *******.
  
  Eventually Ms. ******* sent a "snail-mail" request to my office.  I delegated that responsibility to my office manager to reply to Ms. *******. My office manager who is also my surgery scheduler responded to Ms. ******* and discussed the required medical documentation that would be needed to proceed with surgery. My office manager was not aware that Ms. ******* was requesting a work excuse because she never indicated that request via the "snail-mail. My office manager believed Ms. ******* needed information about proceeding with surgery. After some interaction between my office manager and Ms. ******* via e-mail, a work excuse note was generated and provided, unfortunately it took about 3 weeks for Ms. ******* to receive the medical document.
  
  It came to my attention that Ms. ******* does not communicate by telephone or does not own a telephone?  That is entirely M. *******'s choice. However, a simple phone call or an in-person visit could have squashed all the confusion surrounding Ms. *******'s encounter with my medical practice. In fact, I would find it hard to believe that Ms. ******* doesn't have one friend, coworker, family member, or acquaintance with whom she could borrow a telephone for 1 to 2 minutes.  That way Ms. ******* could more efficiently communicate her request (like the other 5,000 patient encounters I conduct annually without incident).  My office hours are:
                                                    Monday        8am to 4pm
                                                    Tuesday        8am to 6pm
                                                    Wednesday  8am to 4pm
                                                    Thursday      8am to 4pm
                                                    Friday           8am to noon
  
  Those hours of availability would easily afford any individual to either contact my staff via telephone or with an in-person visit.  In fact, I believe Ms. ******* made some faulty assumptions:
      1.  That the ************************************* has dedicated human support staff
      2.  That patient interaction regularly occurs via the aforementioned e-mail address
      3.  That all of my staff (including me, the doctor) viewed her unexpected mail
      4.  Believing that communication by e-mail and/or "snail-mail" is more efficient than a telephone or in-person visit
      5.  Not borrowing a cell phone from a friend, coworker, family member, or an acquaintance to contact my medical practice
  
  I can sympathize with Ms. *******'s situation; times are tough for everyone.  Yet, I believe in 2023 a cell phone is not a luxury; it is a necessity. In fact, former President Obama initiated a program to get cell phones to the less fortunate.  Perhaps Ms. *******'s choice to not own or use a cell phone is a personal or religious issue and not financial.  I know that Amish individuals cannot own internal-combustion engine equipment, like an automobile, yet Amish are permitted to ride in an automobile without violating their beliefs.  I guess my point is.....with something as important as ones' healthcare, it might behoove Ms. ******* to seek more efficient forms of communication when dealing with her healthcare.
  
  I can also sympathize with Ms. ******* because my utmost concern is that all of my patients receive quality care from the beginning to the end of their experience.  She illustrated that a minor flaw exists with my staff's ability to respond to "unexpected" patient e-mails.  I held a meeting with my staff and advised them of some techniques which could improve our efficiency in the matter presented by Ms. *******.  I wish Ms. ******* only the best in her future healthcare.
  
  On a side note and without violating HIPPA, based on her diagnosis at no point was Ms. *******'s health impeded or in jeopardy as she would like you to believe.
  
  Respectfully submitted,
  *** ** ******* ******* ***
  

  
  

  Customer response

  02/13/2023

  Complaint: ********
  

  I am rejecting this response because: 

  Allow me to begin by stating the receptionist gave me the ‘not published to the public email address.  This occurred at my new patient appointment when I stated to employees, I Do Not Have A Phone.  
  
  (AS Dr. ** ******* ******* *** states: “That being said, Ms. ******* was seen in my office for a routine foot issue.” This would be my one and only time in the office.)
  
  I provided the email correspondence.  Attached.
  
  The staff did give me the email address and was aware I was sending an email.  However, the staff did not initially respond to the email as I requested.  This failure has caused all turmoil and destroyed trust.
  
  The snail mail referenced the email.  The substance of the email -was not reviewed.  
  
  Dr. ** ******* ******* *** states: “It came to my attention that Ms. ******* does not communicate by telephone or does not own a telephone?”  I did visit in person when I told him I do not have a phone. I told him, I use email, at the end of the visit; when, he stated he would call me or have someone call, I did not correct that.  However, I did tell his staff on exit and received an email address.
  
  Dr. ** ******* ******* *** states: “In fact, I believe Ms. ******* made some faulty assumptions:” he lists five.  I do not care- is my answer to one and two.  As for number three there was a response to the email, so it was opened and the lack of due diligence in addressing the entire email was failure on him and his staff. 
  
  Number four pure conjecture.  (be advised: Unreliable protocols make no effort to set up a connection, they don't check to see if the data was received and usually don't make any provisions for recovering from errors or lost data.) 
  
  NUMBER FIVE (5) is listed as a statement not my assumption.  It is his opinion.  This is evidence discrimination.  That starts with this stated belief that phones are a necessity.  That is an ‘assumption’ bias and preclusive.  I stated my preferred method of contact and communication as per HIPPA.  NO where in HIPPA does it state that any individual must communicate by phone.  The American with Disabilities’ Act would not mandate a phone as a necessity.   
  
  NUMBER FIVE (5) requires breach and violation of privacy issues.  I will not initiate this break in the law and will not authorize any such wrongdoings.
  
  Dr. ** ******* ****** statement “In fact, I would find it hard to believe that Ms. ******* doesn't have one friend, coworker, family member, or acquaintance with whom she could borrow a telephone for 1 to 2 minutes.  That way Ms. ******* could more efficiently communicate her request (like the other 5,000 patient encounters I conduct annually without incident”, This is his purely personal bias opinion as he wrote “I…believe….” – from one visit he does not know me personally and has issued a statement in direct contradiction to what I had already stated to him and his staff.  (Questions Ethics and the excessive liberties he would take during surgery)
  
  DR. ** ******* ****** BELIEFS AND ASSUMPTIONS ARE NOT THE LAW. His medical opinion is subject to all applicable laws.  AND do not dismiss him from his obligation to abide by all laws.  What his reply lacks is medical opinion about a new patient visit for a routing foot issue.  As by law he cannot disclose in this forum.  Dr. ** ******* ****** “On a side note and without violating HIPPA, based on her diagnosis at no point was Ms. *******'s health impeded or in jeopardy” = medical opinion about the foot.  Foot not an emergency.  I never said it was.  I stated the lack of program support. “I feel the program support has ignored me and delayed any positive progress to my health. Program support staff have hindered my health progress and contributed negatively to health situation” This horribly negative experience impacted to my health has been less than favorable and I must wait now for the VA to reissue the authorization to receive care for my foot issues.  {“as she would like you to believe.” Is pure conjecture Dr. ** ******* ****** add-ons}
  
  
  If his utmost concern is that all his patients receive quality care from the beginning to the end of their experience. This was not demonstrated with the in person visit and contradicted with this reply to the BBB.  I filed the BBB complaint not sure Dr. ** ******* ****** was aware of the request and communication that was transpiring.  Dr. ** ******* ****** states “She illustrated that a minor flaw exists with my staff's ability to respond to "unexpected" patient e-mails”. 
  
  Dr. ** ******* ****** 'blame shifts'- what I have read is an avoidance to except responsibility and excuses for not delivering the utmost quality of care.
  
  By contrast he does claims, ‘improve our efficiency’.  (Be advised: it is okay to apologize without back handed comments, Its okay to apologize without excuses – blaming the pt is ill advised)
  
  Simply!
  Where is the copy of my medical records?  Mail those documents to me by snail mail. THEN YOU do not have authorization to use any of my medical records and/or personal data in any instance to include limited data sets.

  Regards,
  

  ******* *******

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

  Business response

  02/16/2023

  I stand by my response to the intitial complaint, and there is nothing further we can do to resolve this matter. The issue could have been taken care of by a simple phone call or visit to the office, as I mentioned in my response. We will be mailing the medical file to the consumer, and there is nothing further to be done on our side going forward. 

  Customer response

  02/17/2023

  Complaint: ********
  
  I am rejecting this response because:  Hippa privacy rule
  Confidential Communications Requirements. Health plans and covered health care providers must permit individuals to request an alternative means or location for receiving communications of protected health information by means other than those that the covered entity typically employs.63 For example, an individual may request that the provider communicate with the individual through a designated address or phone number. Similarly, an individual may request that the provider send communications in a closed envelope rather than a post card.
  
  Health plans must accommodate reasonable requests if the individual indicates that the disclosure of all or part of the protected health information could endanger the individual. The health plan may not question the individual's statement of endangerment. Any covered entity may condition compliance with a confidential communication request on the individual specifying an alternative address or method of contact and explaining how any payment will be handled.
  
  
  Other Hippa rules and patient safety

  (6) Limited Data Set. A limited data set is protected health information from which certain specified direct identifiers of individuals and their relatives, household members, and employers have been removed.43 A limited data set may be used and disclosed for research, health care operations, and public health purposes, provided the recipient enters into a data use agreement promising specified safeguards for the protected health information within the limited data set.
  Complaints. A covered entity must have procedures for individuals to complain about its compliance with its privacy policies and procedures and the Privacy Rule.71 The covered entity must explain those procedures in its privacy practices notice.72
  
  Retaliation and Waiver. A covered entity may not retaliate against a person for exercising rights provided by the Privacy Rule, for assisting in an investigation by HHS or another appropriate authority, or for opposing an act or practice that the person believes in good faith violates the Privacy Rule.73 A covered entity may not require an individual to waive any right under the Privacy Rule as a condition for obtaining treatment, payment, and enrollment or benefits eligibility.74
  
  

  I will be watching for the records.  

   

  
  Regards,
  
  ******* *******

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩