[Nick-eeo]

I am an optician that set up an optical dispensary in an ophthalmologist’s office as a management company. Operations began prior to a management agreement contract being signed. When presented with the contract, changes had been made to it that were not in the original agreement. The result being several thousand dollars more being paid to the doctor. Being in opposition to these changes I did not sign the contract. I continued to operate the dispensary for two years and nine months with no contract. The relationship dissolved , and I am no longer in this office. Ownership of the patient eye wear files is now in question. I contend the files belong to me, and took them with me when I left. The doctor contends that the files belong to the practice, and that I violated Pennsylvania HIPAA law by taking them and wants them returned. Files are often sold when practices change hands, and I believe that if the doctor wants the use of these files, they must be purchased. My questions are 1. Who legally owns the patient files? 2. Can they be legally sold in Pennsylvania? 3. Was Pennsylvania HIPAA law violated by my maintaining possession of the files? 4. Could I be fined and by whom as a result? Any help in this matter will be much appreciated.
Thanks
Nick

[ScottGem]

There is no HIPAA violation unless you reveal information about diagnosis and treatment to a 3rd party.

If the records contain information related ONLY to the preparation and dispensation of corrective lenses, then I would agree that they belong to you.

Tell the doctor that and tell him to sue you if he doesn't like it.

[ballengerb1]

By now both of you should be having your own attorney working on this. I think he is blowing smoke and wanting to see you blink.