• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

hippa laws violated

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

snh

Junior Member
What is the name of your state? Virginia
Currently insured under small group health program. Recently I was called into the owners office and ask about my health claims history. Specifically, I was ask how much my hip replacement was and if my family had any other claims. I responded by saying I did not know the total cost or total allowed for my hip and was could not say how much my other family claims totaled. There were three other employees in the office at the time and the owner then said he wanted me to contact the health carrier and request a claims history on myself and family sent by fax to the office fax number. He then dialed the number and was on speaker phone. I had to identify myself and give my social security number. I have not received the report but the insurance company says it was faxed. Later he called me into the office (again with other employees present) and stated that my claims totaled 60% of the total claims for the company. As a result he has decided to reduce cost of insurance by reducing benefits. I have an employment contract stating that I and my family will be provided a traditional health care plan for a five year period (this is the second year) without limitation. I am also being forced to contribute to the cost of my family health care by payroll deduction of the difference of last years premium. I know my employment contract has been violated, what about my privacy. I was intimidated in front of other employees, concerned for my job if I did not do what was ask at that time and also feel the fax was received and viewed by my employer. You should know that I work for an insurance agency that sells group health insurance. Does that allow my employer to view all my familys claims?
 


cbg

I'm a Northern Girl
Whether your employer has violated HIPAA depends primarily on who the other employees were. If they were HR people who are "cleared" for HIPAA information he has not; if they have no "HIPAA clearance" he very well may have.

However, HIPAA or not, by reducing your benefits specifically because of your claims, there's an excellent chance that he has violated ERISA. I recommend that you call the US Department of Labor, explain what has happened, and follow their recommendations.
 

purple2

Member
Re your privacy, I think you would have a hard time making a complaint stick. Your employer's defense will be that you consented to the release of information while you were in his office that day, when you participated in the call to your insurer and gave your SS# to them so they could identify the info to be sent.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top