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Violating HIPPA

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jean k

Junior Member
Florida What is the name of your state?Florida.

Recently I had an issue with my insurance man. I wrote him a letter to his company (major insurance company in the US) and his response was sent back to me typed on plain paper. I was surprised to see he did not type his response on his company's letterhead. I found out from his supervisor that his wife typed my letter. Her initials are on the letter except she ommitted her last name. The insurance man took my file home, shared it with his wife and had her type his letter of response to me instead of a company secretary. I fell like he shared my private business and funds with his wife. He now claims she is "his assistant", just to cover his bottom. However, his supervisor claims she is not on company payroll. Did he violate me?
 


seniorjudge

Senior Member
jean k said:
Florida, Hey how about an answer that applies to the HIPPA law. PLEASE........
He now claims she is "his assistant", just to cover his bottom.

I suspect this claim will protect him.
 

ellencee

Senior Member
jean k
Prior to disclosing PHI (protecting health information), an insurance agent must enter into a written Business Associate Agreement with anyone who is not an employee of the insurance company. This would include a subcontractor such as a printer or a transcriptionist (the agent's wife). Unless the agent's wife entered into a written Business Associate Agreement to protect PHI prior to typing the letter, the agent and his company violated the requirements of HIPAA.

You are most likely not entitled to any monetary award. If you choose to report this violation to the OCR, you may do so by accessing the HIPAA website and filing a complaint online or by downloading and printing a form that can be completed in writing and submitted by mail.

EC
 

jean k

Junior Member
violation of hippa law

thanks for your reply. how would I find out if the insurance agent's wife did sign an agreement. I should tell you she works for a lawyer. I'm not looking for any money from him. I just don't want this to happen to anyone else. thanks, jk
 

seniorjudge

Senior Member
jean k said:
thanks for your reply. how would I find out if the insurance agent's wife did sign an agreement. I should tell you she works for a lawyer. I'm not looking for any money from him. I just don't want this to happen to anyone else. thanks, jk
Ask her....
 

jean k

Junior Member
Hippa -

Hey,

Why would the insurance agent be in violation of HIPPA before she typed the letter? THere is no agreement signed by her and the company. I checked. I thought there would be violation if she typed some sort of agreement forwarded to the company, after she typed the letter to me. THere is no agreement. SO I think they violated HIPPA. I will try and get the form.
 

jean k

Junior Member
violating HIPPA

jean k said:
hOW WOULD I FIND OUT IF THERE IS SUCH A PAPER WRITTEN BY HIS WIFE TO THE INSURANCE AGENCY. THEY WILL LIE YOU REALIZE THAT....jEAN
I am unable to ask her. And her husband has been taken off my insurance policy as my rep. THe company removed him. thanks, j
 

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