Diagnosis released to Collection Agency. HIPAA violation?

[mrjinx]

What is the name of your state (only U.S. law)? FL

I asked for a debt validation to collection agency. When I got the paper work I got a print out of the medical facilities screen that had all the required info but also disclosed my diagnosis to the collection agency. The diagnosis is not needed for the collection agency to collect so is this in violation of HIPAA? I am naturally a little worried that some collection agency knows what my ailments are. (a psychological disorder that was later discovered to be a symptom of a sleep disorder)

Thanks

 

[ecmst12]

That's a possible violation. You can report the doctor's office to the HIPAA board and they will probably be counseled about it. You will receive no reward for doing so and you will owe the money just the same though.

 

[mrjinx]

Aside from HIPAA, sharing my private information isn't actionable?

 

[CdwJava]

I have not read Florida's laws, but in most states it seems that if you have suffered no damages as a result of the disclosure, then the fines are set by statute and any small award you might receive is also set by statute. No, it is not a windfall, it could be just a few hundred dollars.

Now, if you have somehow been damaged by this release (and you do not indicate any damages in your post) then you should consult an attorney about making a claim for compensation.

http://www.doh.state.fl.us/planning_eval/HIPAA/DH_150-741_4-03.pdf

Try the above link for more information and contact info on making a complaint.

 

[ecmst12]

No, HIPAA does not provide for any monetary reimbursement or civil action due to a violation. That is simply not the purpose of the law.

As mentioned, if you experienced damage due to the *possible* violation (it is also possible that there was a valid business reason to release the information) then you could sue, but you did not. Report them if you like, or not, you still have to pay for the services you received!