Violation of HIPAA LAW?

[Stiper2]

What is the name of your state (only U.S. law)? CO
I was in an car accident and the other party was at fault and admitted full liabilty for the accident. The insurance company dealing with my bodily injury claim messed up with the release of medical information form they sent when inquiring for the date of service. I had an MRI done due to a back problem after the accident. I notified the insurance company prior to let them know what I was doing. They have conflicting dates on their request for the information on the MRI. They had a treatment day as well as a date of service day. The first date they were asking for information (Treatment date) was actually the date of accident. Then they had another date of service which was the actually day that I had given to them when the mri was done. So the records department sent out all my personal information from certain OUT Patient visits to that hospital instead of just the information related to the accident. Do I have any recourse against the hospital or the Insurance company because of the breach of my medical records?

 

[justalayman]

Not sure how this is a breach of your privacy. Are not both the treatment date and service date concerning the issue regarding the accident?

If not, maybe I'm missing something. What was sent to whomever that was not relevant to the accident?

as well, if you believe their was a HIPAA violation, you can go here and file a complaint:

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

 

[Stiper2]

I gave the insurance company the date of service for an MRI that was done. It was one day. The letter they sent to the provider asked for records in regards to a different day and all records therafter. SO there was A treatment day, and another request on same form for a Date of Service as well. They were different dates. The date of service was the correct day I authorized release of records for. They got way too much information from this hospital that does not relate to the mri nor the auto accident I was in. Yesm I know I can file a complaint with the hospital, but what about the insurance company asking for the wrong date of service? Afterall private information was asked for the actual accident I was in and not the Date of service as I authorized. Is this the insurance companies first day?

 

[ecmst12]

It is never a violation to ASK for information. It is only potentially a violation to DISCLOSE information.

 

[Stiper2]

Well it was aske and they had no right to that information, and it was also disclosed. Whos at fault? I personally feel the insurance company is liable for their actions.

 

[Proserpina]

OP, what are you trying to accomplish?

 

[Stiper2]

just a laymen......I also see a private doctor at the hospital for other health concerns. That informatuion was given, and had nothing to do with the auto accident.

 

[ecmst12]

You are wrong. The entity which holds the information is responsible for proper disclosure or nondisclosure. HIPAA does not regulate who can request information ever. It regulates under what circumstances it can be given out.

Also, even if you file a complaint and even if the hospital is found to have committed a violation, you gain nothing.

 

[Stiper2]

Proserpina.....I lost about $9000 worth of value on my car due to some guy rear ending me. I am asking the insurance company to settle the diminished value claim and we can't come to an agreement.

 

[ecmst12]

Which has absolutely NOTHING to do with any potential HIPAA violation by the hospital. No, it will get you ZERO leverage for your accident claim.

 

[Stiper2]

So requesting the wrong date of service even tho I told the insurance company the correct dates releases them of an liability for sending wrong info to them?

 

[Proserpina]

Proserpina.....I lost about $9000 worth of value on my car due to some guy rear ending me. I am asking the insurance company to settle the diminished value claim and we can't come to an agreement.

Then HIPAA has nothing to do with this whatsoever.

 

[Stiper2]

They are the insurance company and know the date of the accident. The records department doesn't have that information available to them. There was a violation of HIPAA. The question is who is responsible?

 

[Stiper2]

This is a records dept for a very big hospital. They do this all day long. Do you think they sit there and look at each individual record before sending it out? They go by a specific date of service. It that is not correct to begin with who is to blame?

 

[ecmst12]

I'm done with you. Go read HIPAA. I told you the correct answer twice, go figure it out for yourself.

Even if the insurance company DID violate HIPAA (which is completely impossible in the circumstance you describe), it would STILL provide you no leverage in your accident claim.