Can Insurance co. violate HIPAA regs?

[phyredawg]

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

In an injury liability case, our lawyer turned over medical records during
discovery. The insurance company then gave the medical records to their policy holder. She, in turn gave the records to her husband (who is not part of the case) We had previously denied the homeowner's husband permission to access the medical records.

Did the insurance company violate the federal HIPAA regulations by turning the records over to their client without our permission?

BTW the homeowners husband is a physician.

[lealea1005]

Originally Posted by phyredawg

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

In an injury liability case, our lawyer turned over medical records during
discovery. The insurance company then gave the medical records to their policy holder. She, in turn gave the records to her husband (who is not part of the case) We had previously denied the homeowner's husband permission to access the medical records.

Did the insurance company violate the federal HIPAA regulations by turning the records over to their client without our permission?

BTW the homeowners husband is a physician.

The policy holder gave the records to her husband, not the insurance company.

[FlyingRon]

Further, if we're talking a car insurance company, they're not a covered entity.
HIPAA doesn't apply to them. The party to the suit is the policy holder NOT the insurance company. The disclosure goes to them.

[ecmst12]

Documents that are evidence in a lawsuit are public record. They are NOT protected by HIPAA. This is something you give up when you file a lawsuit.