Hippa

[disgruntled6968]

What is the name of your state (only U.S. law)? South Carolina
My mom is currently in a probate dispute. She was granted her home through joint rights of survivorship so it was never part of the estate of my stepfather. The mortgage holder was aware of this from just a few days after the death. The executor, son, went to the bank not long afterwards and asked that the mortgage statements be sent to him since he was the executor of the will. My stepfather had another mortgage at this bank as well. My mom has been trying to get the statement sent back to her residence for several months but the bank has yet to do this. They told her she would need to fill out a change of address form. She never gave them permission to change it in the first place. Did the bank violate her hippa rights and is there anything she can do about this as far as any legal action against the bank? The son has access to her account number, payoff, and who knows what other information they have given him and the house was never part of the estate.What is the name of your state (only U.S. law)?

[Some Random Guy]

Her HIPAA rights are that her medical providers will not reveal confidential information about her to third parties. I doubt that her bank is her medical provider.

As a representative of the estate, the son should have been given information about the account, including balances, account numbers and the fact that it was held in JTWROS title. However, he should not have been allowed to redirect the statements since the estate is no longer responsible for the mortgage (assuming the matgage was written properly)

She needs to work her way up the bank management chain and get is resolved.

They told her she would need to fill out a change of address form.

So, did she fill out the form? If that's what it takes, then fill it out.