my husband did painting for our dentist. it was agreed verbally under the table. no written contract. we received a 1099 for work. dentist said his accountant saw checks written and sent 1099. because there was no contract, the dentist would have had to go in my husband's medical file for his social security number. isnt't this a violation of the hippa law. they provided patient information to a "business associate"?

J_9

It is not a violation of HIPAA law as HIPAA law deals with illness and medical treatments.

Had this person gone into your husband's file and told your husband's best friend that your husband was being treated for something like oral cancer, then yes, that would be a violation of HIPAA laws.

violated

are you sure? according to dhhs website providing info to a business assoc. is a vioation.
i would take that to mean anything that may come out of a patients file

J_9

Yup, I'm sure. I deal with HIPAA on a fairly regular basis.

Here ya go....

What does the HIPAA Privacy Rule do?

HIPAA, is called the Health Insurance Portability and Accountability Act...it deals solely with release of health information.

violated

so, a medical professional can pass on patient info to a business associate (namely their accountant) if it's not medical info. are there no ethics laws? i don't owe them money, they're screwing me.

J_9

Let's keep it all in the same thread, okay.

Now, what the dentist's assistant did may not have been ethical, but it was not a HIPAA violation.

I, as a nurse, cannot pass on information to my friend, who is a nurse at another hospital, about a patient I treated. However, the billing department, can send info to the insurance company.....Medical records can send copies of records to other care providers of that particular patient.

You see, there was no exchange of medical information from the provider to an outsider. Only the social security number was given for tax purposes.

As an example....

If you were to come into my office for a pregnancy test, and it came out positive...I cannot tell anyone, not even your husband without your consent. HOWEVER, I can bill your insurance company, using medical billing, that would show that you had a pregnancy test. So your insurance company would know you had the test, just not the results.

Getting a 1099 in the mail does not mean you owe them money. It means you can claim this on taxes. This is more of a tax question than it is a medical issue.

ScottGem

Its not patient information its medical information that's a problem. Nothing was said about your husband's condition or treatment, hence no violation.

violated

ok j9 when you bill my insurance carrier, i have signed authorization for you to do so. when dentist went in my file to provide his accountant with my social number, he did so for his personal gain and without my consent. had he not been my familty dentist, he wouldn't have had this info. would he??

ScottGem

You are asking us for advice, why won't you accept the answer. Why areyou fishing for this? What do you think you will get if it is a violation?

J_9

Violated,

What would he have to gain from this? What personal gain?

Had he not been your family dentist he still would have had this info, when you fill out the new patient form you supply that info.