Hippa - Debit collector and Diagnosis code is this a violation

[gingersmom]

Jurisdiction

Idaho

I had a bill with a dr. office, that I had believed was paid. The Dr.'s office submitted to my insurance and I never head a thing again from them (no statements, no phone calls). I thought it had been paid in full as I had 2 insurances for the accident. Later, I got a summons for court to collect on the balance of the unknown debit, the lawyer demanded I sign a release for information - I refused and asked him to validate the debt (he never did). I contacted the original creditor and asked questions about the bill. I Paid the balance,they said I owed and asked for a statement to show it was paid and the history. I also told the Dr. office that they could not provide any info. to the lawyer, and that they needed to provide me any information they had sent to the lawyer, to include any contracts I had signed to allow the lawyer to see my medical records or diagnosis or that they had transferred the debt to this lawyer and his client (the collection agency). The DR's office billing dept. sent me a statement that " showed my payment and that my balance was 0. but they had wrote on the the statement; " This is the information that would be sent to the collection agency as well as your date of birth, and phone number. They do not receive your diagnosis codes or times for your procedures." HOWEVER, THE DIAGNOSIS, was clearly on the statement under : DX 1 M67.52 Pica Syndrome, Left Knee. PLUS it had the Activity description: Code: 01400 P1 " Anest, Knee Joint Surgery, ASA: 01400 - Anest, Knee Joint Surgery Time: 14:59-15:45 min: 46P/s1 TotU:8:00.
So, didn't she just tell me in this statement that she didn't give this very same information, to the collection agency plus the lawyer? Is this a violation of my hippa rights as they had my diagnosis code as well as my surgery info? If so, why and what can I do? I know I can file a complaint with the hhs, but can I sue? if so what is my damages? and IF it is NOT a violation, why? I am concerned, because they also submitted the statement to the court records in the case against me, and it will become a matter of public record. If I also go to court what can I tell the judge about my Hippa violations and what can I do to protect my information? Thanks for your help.

 

[adjusterjack]

Is this a violation of my hippa rights as they had my diagnosis code as well as my surgery info?

Sure looks like it.

I know I can file a complaint with the hhs

Then do it:

Health Information Privacy

can I sue?

Sure. Anybody can sue anybody for anything.

if so what is my damages?

Probably zero.

I am concerned, because they also submitted the statement to the court records in the case against me, and it will become a matter of public record.

Sure, the case file will be available to anybody who wants to go to the courthouse, pull the paper file, and read it. Which means that nobody of any importance to you is ever going to see the piece of paper that says you had knee surgery.

And what if they do? That somebody knows you had knee surgery isn't likely to harm you in any way so maybe you are over-reacting to somebody's mistake.

I know, "It's the principle." Wish I had a buck for every time I read that.

If I also go to court what can I tell the judge about my Hippa violations

What judge? In the debt case? Wouldn't mean a thing.

what can I do to protect my information?

I suspect that once you bring the federal government down on the provider, they will fix their internal procedure so that your records will be protected in the future.

By the way, it's HIPAA, not HIPPA.

 

[ElleMD]

Back up there Jack. HIPAA allows records to be shared for the purposes of securing payment. The bill indicating what it was for is NOT in impermissible disclosure.

You also can not sue. There is no private right of action under HIPAA. If you feel there has been a violation, you can report it to the HHS. They will investigate and determine if there is non-compliance.