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Hippa violation

Kris-NYKKris-NY Posts: 2,207
edited 06/11/2012 - 8:42 AM in Health Insurance Issues
Okay this is priceless. My daughter and I were in a car accident last April. My injuries were more serious. She has cervical lordosis with very bad neck spasms. Our medical is covered under my car insurance no-fault policy. I hired a lawyer for me but not her for various reasons. For some reason the insurance company keeps insisting that the lawyer represents my daughter as well.

Well a few weeks ago the lawyer sent yet another letter to the insurance company stating that they do not represent my daughter so stop sending paperwork to them. So the insurance company changes the address in their records.

I found out today that they changed the address to the guy who hit me in the accident. So they sent the denial of benefits following her IME to the other guy!! Did I hear anyone say HIPPA???? The adjuster just called me back and pretended that it didn't happen.

I can't wait to get a copy of that denial notice and IME report. If it says what I expect the insurance company is going to be getting a call from me.


  • Here's the link to Health and Human Services for proper filing of a complaint. http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

    Is the insurance company you are referring to your medical/health insurance company or auto insurance company? My understanding is that auto insurance companies and life insurance companies don't fall under the protection of HIPAA, whereas the Health Insurance Companies do.

    Either way, your daughter's information should have never gone to the other party. I'm just not quite certain if it is a HIPAA violation or simply a case of personal information being sent to the wrong address.

  • Even if it is not a specific HIPPA violation, I would think sending anything involving a minor ( I assume she is a minor? ) would be wrong in many legal ways :?

    I myself as a non minor would be furious if my or my child's ( adult or otherwise ) info was sent to someone else.
    L1 - S2 "gone" useless in 1 way or another. DDD. RA. Bone Spurs. Tons of nerve damage/issues. Stenosis. Both knees replaced. 50 yrs old. I had a great fall (hence my user name) at age 41 and it has been a domino effect every since.
  • C you are right. I was on the phone with them yesterday about something else and asked for the HIPPA department. They said because they are no-fault car insurance they do not have to be hippa compliant. They also would not transfer me to anyone else when I asked to speak to someone about this. All she cared about was making sure the address was correct now.

    I am furious because they have been very lack about everything. Because I had an attorney they assumed my daughter had the same. They have been sending them her paperwork for a year now. Finally they stopped and that is when they started sending things to the guy who hit me.

    I haven't decided what to do about all this yet. I need to get a few more things settled and then I will think about this some more.
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