[wateraquatics]

I just started seeing a new Chiropractor. Yesterday he gave me a file to take home stating that it was my info. When I opened it today it was another Pt's information and only contiained billing info about me. I no longer wish to see this doctor as he violated HIPAA and I don't know whether he gave my PHI (Protected Health INFO) to anyone. I want my money back from him as I pay monthly and have only been there twice as well as any info he has on me. What can/should I do about this?

[hipaadiva]

Mistakes happen, and unfortunately records get misfiled. That doesn't mean that your reaction is out of line, though.

The mistake was not egregious or intentional (who would deliberately misfile patient records, with HIPAA lurking around?). Nevertheless, I would let him know what happened, ask him where the rest of YOUR information is, and ask him how he's going to fix this. Let him know that you want to discontinue seeing him; I doubt he'll refund for services already provided, but I'm sure will cancel any future contract for services you may have.

If this person is less than cooperative, then file a HIPAA complaint against him: http://www.hhs.gov/ocr/howtofileprivacy.pdf

The chiropractor is required to give you a copy of your records that he maintains, but he will not, and should not, give you the originals. Those are legal documents that he created, and they are his property. They are *about* you, but they do not belong to you.

Think of the auto mechanic where you get your car fixed -- they give you copies of their invoices, what they did etc. but they would never give you the entire file with all the originals, because that's their paperwork *about* your car, proving what services they provided. Same with the chiropractor or any healthcare provider.

Sorry to hear that you had this problem; it's more widespread that we'd like to believe.

Lane Hatcher
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[Fr_Chuck]

Mistakes happen, and no this is not a reason to get your money back, you received services for the money paid.

He will always keep a copy of your records for his records.