I had a medical provider that I saw as a result of a car accident. Initially, I had given her permission to speak with the car insurance company. But, later, in wiriting, I advised her to only deal with me directly. She has continued to speak with the insurance company, though only to check the settlement status. I also had asked her to file the visits on my health insurance which she refused/failed to do. Given that she won't file on the insurance I directed her to file on and that she is still in contact with the car insurance company is this a violation? What remedies do I have? Thanks.

No and none. A HIPAA violation occurs when a medical provider discusses diagnoses and treatment without the patient's permission. Since she has an interest in the settlement (i.e. getting paid) then she has a right to inquire.

I'm not sure what you mean by file the visits. Are you asking her to put in a claim through your health insurance? Why would she refuse to do that?

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Originally Posted by jsaunders28

I had a medical provider that I saw as a result of a car accident. Initially, I had given her permission to speak with the car insurance company. But, later, in wiriting, I advised her to only deal with me directly. She has continued to speak with the insurance company, though only to check the settlement status. I also had asked her to file the visits on my health insurance which she refused/failed to do. Given that she won't file on the insurance I directed her to file on and that she is still in contact with the car insurance company is this a violation? What remedies do I have? Thanks.

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The doctor is refusing to file it on my health insurance because she would get a reduced payment due to a negotiated rate with the health insurer. Mind you, this is after she told me she had filed it on my health insurance and then waited past the 180 day filing deadline to tell me it was never filed with them.

Since this is an auto accident, all claims must be filed with your auto insurance, not your health insurance. They are two different entities and cover different aspects of your health.

Ok, the next question is did she agree to defer payment until the settlement? If you have such an agreement then she's within her rights.