[Bearlaw63]

My ex husband took our kids to the orthodintist for care. I am the insured whose policy covers their care. What was not covered by insurance, we have split the cost of. An insurance refund due to overpayment for prior procedures on one of the children was due to be sent to me. The office has had the money since the end of January 2011. When he took them more money was owed for an appliance on the other child and two of the office staff told him about the insurance refund money (which I still do not have). He called me furious because he felt he was being "cut-out" of the refund money. The staff told him that I told them NOT to discuss the refund with him!! I was FURIOUS that my insurance information had been discussed either with him or in open office where he could "hear it"! I called the office manager and she and I ended up in a verbal dispute where she went on to actually threaten to "call him" and tell him that the money was there. I told her to please do so and that I would sue her and the practice for violations of Hippa laws that they had already perpetrated. Has there been a violation here (or multiple) and if so, what is my recourse?

[redhed35]

This is a legal question, I am going to ask if it can be moved into the appropriate forum for you to receive the best advice.

[joypulv]

From what I know of HIPAA, you don't have a case, because he is privy to their dental information as the other parent, and HIPAA doesn't concern themselves with the insurance/financial side. Very, very weak complaint, annoying though it may be, even as a small claims case. Judges in small claims make pretty quick judgments since it's civil court, damages are limited, rarely is pain and suffering awarded, and there often isn't a specific law or precedent to reference. You haven't suffered any monetary loss, just a bit of grief, and I think a judge might say to take the kids elsewhere or to this dentist yourself.

[Bearlaw63]

Not a problem, if you could please just let me know where it will be answered and direct me to that location. Thanks.

[redhed35]

Not a problem, if you could please just let me know where it will be answered and direct me to that location. Thanks.

It will automatically come up when you log in.

[Bearlaw63]

To Joypulv,

Thank you for the input, however, I do not think that the issues lies with whether it was a "financial" matter. The issue is the privacy aspect as it relates to MY INSURANCE POLICY. Regardless of the underlying issue, it was a violation (as I understand) to have that discussion with him. Him taking the children there, does not give the office the right to discuss insurance matters as they relate to MY POLICY with him.

[AK lawyer]

... I told her .. that I would sue her and the practice for violations of Hippa laws that they had already perpetrated. Has there been a violation here (or multiple) and if so, what is my recourse?

You don't have the right to sue. You were not damaged (in the sense of having lost money, etc.). Furthermore, it is doubtful that mere financial information is protected anyway.

HIPAA imposes sanctions on health care providers for disclosing medical information to non-authorized persons. These sanctions do not include penalties payable to the person whose information has been compromised. Instead, when monetary fine is imposed (which as of yet hasn't happened much or at all), it goes instead to the government.

" Between April 2003 and Nov. 30, the agency fielded 23,896 complaints related to medical-privacy rules, but it has not yet taken any enforcement actions against hospitals, doctors, insurers or anyone else for rule violations. A spokesman for the agency says it has closed three-quarters of the complaints, typically because it found no violation or after it provided informal guidance to the parties involved."

Why people think that HIPPA is such a potential source of wealth-by-lawsuit is one of those enduring mysteries.

[Bearlaw63]

Make no mistake dear, I am not concerned with a frivolous law suit, nor am I a litigous person. This is an issue as to whether Hippa Laws regarding privacy were breached by the practitioners "hired help". No one asked anything about money damages, only if there was an actionable cause. Never make baseless assumptions about a person with an inquiry. Remember what assumptions make you...

[ballengerb1]

I pretty much agree with AK but after many years there finally was one person found guilty of a HIPAA violation. http://journal.ahima.org/2010/04/29/...paa-violation/ If you still think you have grounds to file you can do so at How To File a Complaint None of us think you have grounds but the government really has the final say so.

[AK lawyer]

... No one asked anything about money damages, only if there was an actionable cause. Never make baseless assumptions about a person with an inquiry. Remember what assumptions make you......

You don't have an actionable cause without damages (or some other relief, an injunction for example, in mind).

How does a lawsuit, without asking for something, work exactly?

You file your suit, saying that defendant did A, B, and C. The judge looks at it and says

"Ok. .... That's very interesting indeed.


...

Yes, interesting.


...


So what do you want me to do about it?"

[joypulv]

Again, you may have a basic 'right' to privacy about your insurance but it isn't a HIPAA concern.
Feel free to file a claim with them, however.
You can get the entire HIPAA PDF from the link in wikipedia.
Or again, take it to small claims if you want, and probably lose your $35 - 50 filing fee.
You have asked, but seem set on just validating what you feel the answer is.