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-   -   Violation of HIPAA? (https://www.askmehelpdesk.com/showthread.php?t=313595)

  • Feb 5, 2009, 03:48 PM
    knkmr4
    Violation of HIPAA?
    My ex-spouse has a physical custody of my daughter. We both have legal custody.
    My daughter is under my health care plan. Recently, my ex-spouse submitted a claim payment for our daughter. For the claim, insurance company sent a check to me. In the past, I would write a check to my ex-spouse. For this claim, insurance company cancelled the check, causing the deposit to be returned and I incurred fee on this. I believe my ex-spouse contact Aetna directly and Aetna didn't inform me of change. My ex-spouse possibly used my name. Does this violate HIPAA? I certain don't appreciate her contacting my insurance company, and they release informatio regarding claims information. Thank you for your help.
  • Feb 5, 2009, 08:24 PM
    Fr_Chuck

    No,

    1. if he does have joint legal custody, he is contacting his child's insurance company about his child's medical insurance claims. He would have or should have full legal rights to do so.

    2. even if you have not allowed him this access to his child's insurance information, and he did a fraud to them, they would have had the identifing info to prove the info.

    So he may have did a fraud but then as a legal custody, he should have the right
  • Feb 6, 2009, 01:55 PM
    LearningAsIGo

    HIPAA does not apply here.

    Contact your insurance company to inquire and request that your ex-spouse is not issued any bills on your daughters behalf. Verify with them that the insurance is under your name only - the bills should never be sent to anyone else.

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