possible violation of HIPAA rule

[kives]

civil action suit for collection may have possible violation of HIPAA rule

What is the name of your state?VA
dental office had terrible recordkeeping and was patient for 7 years. in july 2004, dentist handed bill for $3500 due, although never had balance since 2003. am being sued for balance. i provided my grounds of defense prior to court date. dentist and representing lawyer neglected to provide bill of particulars and judge requested this be provided to allow sufficient time and energy on my behalf to validate or question. bottom line, judge asked lawyer if he wanted to send to me at later date the ledger and the explanation of benefits associated with account. the lawyer asked the circuit court clerk to copy and give to me before leaving. i got home and found that the ledger and eobs included other patient information like their provider number from the insurance companies, their employers, as well as their social seucrity numbers. before i go any further, do i have a right to confront the lawyer and provide circuit court with complaint regarding hippa violation?

 

[Ladynred]

Oh yeah, that's a HIPAA violation alright, BIG screw-up by the dentist. However, the local court can't prosecute HIPAA violations, that's a Federal issue. You can file a report with the federal agency.

This page has a list of who to call in each region of the US:

http://www.cms.hhs.gov/hipaa/online/WhoToCall.asp

Call them, tell them what happened, and see what they tell you.

 

[kives]

can i go to the lawyer who was supporting the dentist and basically tell them that we have a bigger issue which i would be happy to pursue rather than spend the time trying to resolve this issue, which the judge already has seen the documentation that the dentist and office managers were supposed to manage the benefit to the maximum each year, monitoring the work performed so as not to exceed. we have it in writing, but the judge wanted me to have an opportunity to review the charges none the less. i just think that if there is a way i can use this information to basically have the lawyer agree to resolve this case as is, no lawyer fees paid by me and no dollars due dentist, then all issues resolved. if not, i will plan on follow up with my corporate insurance company to show them of the infraction of hipaa and the rules and regulations, which will probably result in legal issues far greater than mine.

 

[Ladynred]

Yes, it surely would. HIPAA violations START at 100K PER VIOLATION. There is no private right of action under HIPAA, which means individuals can't bring suit, but if you report this to Health and Human Services, THEY will follow-up and go after them.