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Home > Law > Other Law   »   HIPPA Violation

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Old Jan 14, 2008, 03:48 PM
lisa29pl
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HIPPA Violation

I recently sent a letter requesting verification of a dental bill that belongs to my ex-husband. This dentist's office is in a very small town which seems insignificant but sort of explains this next part.
Upon receiving the letter, the office manager takes my request as a personal attack and approaches my ex-mother-in law about it. She complained about the legal language that I used in the letter and then... went so far as to imply that perhaps I am using drugs or drinking (to explain why I would sent this letter to her).

Now, all of the Jerry Springer drama aside. Hasn't she essentially violated my rights and privacy under HIPPA? and what action should I take from here?

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Old Jan 14, 2008, 04:24 PM   #2  
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No, not at all. She did not give out any of your medical file, or any of your ex's file.

Had they given you any info on your ex's medical file, that would be a violation, unless he released that info to you.

The fact you wrote them a letter is not medical info.
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Old Jan 14, 2008, 04:59 PM   #3  
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Quote:
Originally Posted by lisa29pl
I recently sent a letter requesting verification of a dental bill that belongs to my ex-husband. This dentist's office is in a very small town which seems insignificant but sort of explains this next part.
Upon receiving the letter, the office manager takes my request as a personal attack and approaches my ex-mother-in law about it. She complained about the legal language that I used in the letter and then... went so far as to imply that perhaps I am using drugs or drinking (to explain why I would sent this letter to her).

Now, all of the Jerry Springer drama aside. Hasn't she essentially violated my rights and privacy under HIPPA? and what action should I take from here?

No, this is most definitely not a violation of HIPAA. If the office HAD released the info to you then they most definitely would have violated HIPAA, as would you. Did the office manager tell your X mother in law because she thought you were attempting to obtain info to which you are not legally entitled (legal language notwithstanding).

What kind of "legal language" did you use that someone think you were drinking and/or using?
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Old Jan 15, 2008, 07:22 AM   #4  
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The reason why I had written the letter to them is because this bill is on my credit report. Doesn't HIPPA also cover some aspects of billing? Why could she, as a health care employee be legally able to go speak to someone else about my debt... outside of a business environment?
Also, the letter that I sent to that office was a pre-form verification letter. Anyone who has tried to clean up their credit report knows what I'm talking about. It was completely professional and legal.
I guess when it's all said and done I just feel that she has acted unprofessionally.
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Old Jan 16, 2008, 07:26 AM   #5  
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Quote:
Originally Posted by lisa29pl
The reason why I had written the letter to them is because this bill is on my credit report. Doesn't HIPPA also cover some aspects of billing? Why could she, as a health care employee be legally able to go speak to someone else about my debt... outside of a business environment?
Also, the letter that I sent to that office was a pre-form verification letter. Anyone who has tried to clean up their credit report knows what I'm talking about. It was completely professional and legal.
I guess when it's all said and done I just feel that she has acted unprofessionally.

On one hand you are saying it's not your debt; on the other hand the employee discussed your debt with someone. If it's not your debt, you are not entitled to the info and would have to contact the credit bureau, say you don't know anything about the debt other than it's not yours, provide documentation if you have any and request it investigated and removed from your credit report.

Possibly the employee used poor judgment but I don't think it's a HIPAA violation - she apparently didn't think your letter was completely professional. I don't know about the legal part. Perhaps she thought your correspondence was overkill. Who knows?

Should she have just shrugged it off or said you aren't entitled to the info - sure, but unprofessional does not rise to a HIPAA violation.

(It's HIPAA, Health Insurance Portability and Accountability Act.)
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