Violation of HIPAA LAW?

[justalayman]

one more time:

it is not illegal to ask for information.

it is illegal to disclose information if there is no waiver OR there is not an authorized allowance for the disclosure.

If you believe there was a violation, go to the link I provided and file a complaint. Then forget about it because it is then between the government and the entity you complained about. Whether they are penalized or not is something you will likely never know.

You do not get anything from a HIPAA violation other than feeling violated. That's it.

 

[Proserpina]

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.

Once more, with feeling...

 

[Iwonder?]

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?

Is this the insurance companies first day?

Is this the insurance companies first day?

No it is not, You are worried they will have problems set before them that might be relevant to other situations in your health.

You are worried if there are documented problems to your, hmm, neck or something, that they will try to say this was pre-existing.

Spell it out, do not necessarily blame it on a Hipaa violation.

If it is, report it to the correct agency.

If you think in harms your case, your attorney should be able to take care of it.

 

[justalayman]

It was one day. The letter they sent to the provider asked for records in regards to a different day and all records therafter.

do you have a copy of the release? I suspect it was worded a bit different than you claim. If you have it, post it (with identifying information redacted of course)

 

[Stiper2]

ecms12.....I want to keep the hospital out of it. I am not looking for anything from them. They may be at fault and yes I know I can file a complaint and they may get their hands slapped. But the real fault lies with the person requesting wrong dates of service when they had the proper date of service on a Medical release form.

 

[justalayman]

so file a complaint with the agency I linked and be done with it. That is all you can do.

 

[Stiper2]

Due to its still on going I will write what they sent:

Dear XXX Hospital,
I am writing to you because you provided treatment to Blank Blank on Dec, 10th, 2010 for injuries sustained in an accident that ocurred on Dec 10, 2010. To properly evaluate your patients bodily injury claim we ask that you please provide us with the following information:

Admission and discharge dates
Diagnostic test results
A complete record of OUT PATIENT Treatment
Office Notes
Physical Theraoy report
Other: Please provide the above information for the above patient for dates of service: 01/07/11 to present date pertaining to the auto accident.


Can you see where someone would be confused in the records department?

 

[Proserpina]

ecms12.....I want to keep the hospital out of it. I am not looking for anything from them. They may be at fault and yes I know I can file a complaint and they may get their hands slapped. But the real fault lies with the person requesting wrong dates of service when they had the proper date of service on a Medical release form.

Again - REQUESTING information is not the point here.

It's the RELEASE of information that's important.

 

[Stiper2]

Gotcha...Thanks.

 

[justalayman]

Due to its still on going I will write what they sent:

Dear XXX Hospital,
I am writing to you because you provided treatment to Blank Blank on Dec, 10th, 2010 for injuries sustained in an accident that ocurred on Dec 10, 2010. To properly evaluate your patients bodily injury claim we ask that you please provide us with the following information:

Admission and discharge dates
Diagnostic test results
A complete record of OUT PATIENT Treatment
Office Notes
Physical Theraoy report
Other: Please provide the above information for the above patient for dates of service: 01/07/11 to present date pertaining to the auto accident.


Can you see where someone would be confused in the records department?

How would the insurance company know you had treatment on the 10th unless you told them? You think they made it up?


and yes, I can see where the HOSPITAL screwed up:

Other: Please provide the above information for the above patient for dates of service: 01/07/11 to present date pertaining to the auto accident.

the only information requested, based on what you posted, is treatment on or after 01/07/11 AND only if it pertained to the auto accident.

 

[ecmst12]

If you signed the release the way it was worded, then it's on YOU for not catching the discrepency in dates of service.