Medical records in a collections suit

[hellokitty1234]

What is the name of your state (only U.S. law)? Washington State

My partner received notice on a medical collections paperwork that includes detailed medical records that include records from the general practitioner that referred to the specialist, family history, billing codes that are specific to conditions and to diagnoses. These have been included in the trial paperwork and are a clear violation of privacy. Is this grounds for getting the case dismissed, and if so, how does one go about it? Several messages have been left with lawyers but none have called back thus far.

It is apparently a correct debt (in 2012 partner had gotten a notice of a balance due; called the office and reported secondary insurance for billing. Never got another notice. Called and asked if it was resolved; person on the phone said there was a zero balance. Three years later, received court paperwork. Called the medical office and was told that the person who said there was a zero balance didn't have authorization for that information as they didn't work in the billing office. Asked if it could be paid directly to the office; they refused and said once it was in collections it was 'out of their hands.')

TIA.
-HK

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington State

My partner received notice on a medical collections paperwork that includes detailed medical records that include records from the general practitioner that referred to the specialist, family history, billing codes that are specific to conditions and to diagnoses. These have been included in the trial paperwork and are a clear violation of privacy. Is this grounds for getting the case dismissed, and if so, how does one go about it? Several messages have been left with lawyers but none have called back thus far.

It is apparently a correct debt (in 2012 partner had gotten a notice of a balance due; called the office and reported secondary insurance for billing. Never got another notice. Called and asked if it was resolved; person on the phone said there was a zero balance. Three years later, received court paperwork. Called the medical office and was told that the person who said there was a zero balance didn't have authorization for that information as they didn't work in the billing office. Asked if it could be paid directly to the office; they refused and said once it was in collections it was 'out of their hands.')

TIA.
-HK

Even if there is a HIPAA violation, it's not grounds to get the case dismissed. You're talking about two completely different things.

Your partner owes the money.

 

[hellokitty1234]

What does one do about the violation beside report to the Office of Civil Rights? The information should not be admitted to court.

And additionally, after looking at the ledger submitted with the document, it looks like they double billed (fees were paid to the GP but also billed by this specialist) and added in a "correction" after the secondary insurance was billed.

 

[Proserpina]

What does one do about the violation beside report to the Office of Civil Rights? The information should not be admitted to court.

And additionally, after looking at the ledger submitted with the document, it looks like they double billed (fees were paid to the GP but also billed by this specialist) and added in a "correction" after the secondary insurance was billed.

Make a report at the HIPAA website. If they do find a violation, they will react accordingly. They will generally not tell you how they dealt with the matter.


Here's some info you: http://www.nolo.com/legal-encyclopedia/fruit-the-poisonous-tree.html

"Fruit of the poisonous tree" refers to a very specific concept and it does not apply here.

 

[Just Blue]

What is the name of your state (only U.S. law)? Washington State

My partner received notice on a medical collections paperwork that includes detailed medical records that include records from the general practitioner that referred to the specialist, family history, billing codes that are specific to conditions and to diagnoses. These have been included in the trial paperwork and are a clear violation of privacy. Is this grounds for getting the case dismissed, and if so, how does one go about it? Several messages have been left with lawyers but none have called back thus far.

It is apparently a correct debt (in 2012 partner had gotten a notice of a balance due; called the office and reported secondary insurance for billing. Never got another notice. Called and asked if it was resolved; person on the phone said there was a zero balance. Three years later, received court paperwork. Called the medical office and was told that the person who said there was a zero balance didn't have authorization for that information as they didn't work in the billing office. Asked if it could be paid directly to the office; they refused and said once it was in collections it was 'out of their hands.')

TIA.
-HK

Your partner should post for his/her self.

 

[hellokitty1234]

Blue Meanie

Your partner should post for his/her self.

Wouldn't argue with that but if wishes were fishes I'd have a whole pond.