Filing HIPPA Complaint

Gennaver, MSN · Mar 11, 2005

Discussing this like this is such a breather!

I understand now about the records and am glad to hear how they can be 'sealed' this is a possible option.

Secondly, I drafted a letter today to my old supervisor, (the clinical case manager) to send a copy to my primary and my gyne doctors there.

In it I mention the violation that occurred while I was there and how I did not feel it was appropriate to take repurcussion at that time seeing as I did accept the phone put in my hand and did communicate with the best friend.

In it I also mention that after changing my address that the biller sent an erroneous bill asking for confirmation, (and listed the employee I did speak to when calling back.)

I state that I am still a patient and do not want any privacy violations. I also said that I am overdue for my follow ups yet want to be very, very clear that I will no longer accept any privacy violations. That my then boyfriend who was involved with the biller's best friend is now my husband and that I have a new insurance card and that this whole issue has been keeping me from sending it in and making an appointment.

Next I state that we are all very aware of the consequences from HIPPA violations and that if this biller uses my information for personal reasons then I will indeed file a patient complaint. I also mention how as a future nurse and patient advocate that if a violation occurs after this letter that I consider righteous indignation to be just to initiate a civil rights violation.

I claim that I do not want repurcussions for past actions but strive for clarity about my desires for privacy to be maintained and then ask when I can bring in my new information and if I can schedule an appointment for my follow up.

This may, or may not be the exact letter but, I really do like my doctors and the nurses there are great. Just this biller and her buddy in the lab....

Thanks Gen

NurseFirst · Mar 11, 2005

Hello and thank you in advance for this thread, (and the piggybacking here).
A year and a few months ago the biller at the women's health center where I was both a patient and an employee really violated my privacy, big time.
See, it involved my current boyfriend and her best friend, (which I was clueless about as he saw her when we were seperated and before I worked at this facility).
Thing is, the lab tech that I worked with was friends with the biller who was best friends with the 'other woman' who worked in another hospital,(the same one my boyfriend works at-now he is my husband.)
One day the lab tech asks me my boyfriends last name, I tell her, unknowingly. She walks me back to the biller and says to her, "guess what, Gen's boyfriend is so and so."
Biller blurts out, "HE is seeing my best friend" and proceedes to call her best friend and work at the other hospital and gives the phone to me. I was stunned to say the least. Next the biller calls up the hospital were he works too, (she herself used to work there) and so on.

I'm not sure I follow here. What you've said in these paragraphs doesn't seem to me to be a HIPPA violation. This "conversation" could occur at a school or a corporation.

Can you clarify?

NurseFirst

Student Nurse

Gennaver, MSN · Mar 12, 2005

I'm not sure I follow here. What you've said in these paragraphs doesn't seem to me to be a HIPPA violation. This "conversation" could occur at a school or a corporation.
Can you clarify?
NurseFirst
Student Nurse

Hi,

Sure. This involved the biller at my health care center were not only did I work but was a patient also telling me that another patient, (who was her best friend) was sleeping with my boyfriend.

Then she proceeded to call the friend and give me the phone. Next she asked me if I 'had' anything or could he have given her anything. The biller was aware that I had an abnormal pap and a colposcopy and CIN level I and also Group B strep.

This biller and I had no type of relationship with as we were not on friendly terms nor did we have occasion to work in the same field, (I was in patient care).

Now I am no longer an employee there. When I mailed in my correct address for an update I got a bill to my new address, (were I live with my boyfriend, the biller revealed to me before that she knew his address-when I lived next door to him.) Next another coworker who I hadn't talked to since I left the center called me on my cell phone to ask if I was okay and were was I?

So, the thing is that this biller is sharing my private information, and other patients private information.

I did not know this 'other' woman nor did she know me until the biller put it together and aired our business.

I think that would constitute a HIPPA violation.

Gen

IMustBeCrazy · Mar 12, 2005

back to the op:

:angryfire need some advice and have never done this before. it is not job related but personal and i am sick of this hospital. they are local and going down the tubes financially with whole units shut down for lack of nurses but that is not the story.
i used their er services a few years ago needing a wrist x-ray for a daugter after a sports injury.
they took insurance info and have to this date refused to file for payment but have sent the bill on to a couple of collection agencies and have it all over my credit report. my credit report also shows attorney fees for the hospital's attorneys!
calling in hippa since they took my insurance information with no attempt to ose it and entered into the hospital computer in front of me is really going around the block to get their attention but i have spent so many phone hours trying to get hospital administrators to correct this i am out of patience.
it is my last resort before suing and i don't know anyone who has ever sued a hospital either but they are really irritating me at this point, just got another note from a collection agency and screamed at by the idiot on the phone.

i understand why you would be upset. i have a suspicion, however, if you look at the contract language that you agreed to when you accepted the medical insurance, you will find (in extremely small print) that all claims are the responsibility of the insured to be filed. most facilities state that it is a courtesy to have claims filed, not a requirement. believe it or not, you can submit a claim form on your own (may not have all the correct info, but it's a start). there are standard forms that are submitted (due to medicare coding reform) that are used for all patients. had you realized this, you could have gotten a blank form and filled it in yourself.

that is water over the dam at this point, though, because the insurance company is out of business. therefore, i would recommend doing what you can do at this time in this order:

1) immediately put a stop to the harassing phone calls from the collection agency and attempt to get the negative credit removed from your credit files.

-type up a simple "do not contact me at anytime, anywhere in any manner" letter to the collection agency. believe it or not they must, per federal law, comply with this.

-include simple language about you disputing the charge, that is all they need to know at this time. (don't overkill and explain the situation...remember the more you reveal to them, the more that can be used against you. they are the ones that need to provide the proof against you, don't make their job easy!)

-in addition, collection agencies must have a copy of the original itemized bill, to show services, amounts etc. if they do not have this information write that they need to immediately cease and desist from collection activity as well as remove it from your credit report! if they do have copies of all original line-item charges, they must submit them to you asap. advise them that they have 7 business days from the postmark to comply with this request, otherwise you expect to have the erroneous charges immediately removed from your credit files in any and all credit reporting agencies and affiliates that they use. the three credit reporting agencies are: experian, transunion and equifax.

-keep copies of all correspondence!

if they are unable to provide the itemized charges, then contact the credit reporting agencies.

**each credit reporting agency, once notified in writing by you that you have reason to believe that you have been a victim of false reporting, must send you a free copy of your credit report (federal law), but be sure to ask for it.

send certified/return receipt requested letters to (keep copies):

transunion: transunion

post office box 2000

chester, pa 19022

experian: experian

475 anton blvd.

costa mesa, ca 92626

equifax: equifax credit information services, inc

p.o. box 740241

atlanta, ga 30374

if you can get the information removed from your credit files, then i would put the matter to rest, it's as if it never existed. but still periodically monitor your credit report to make sure it doesn't pop up again. if so, repeat #1.

2) know your legal rights.

every day collection agencies flagrantly violate federal law based on the fair debt collections act.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

i'm not sure if you would be able to do much in the way of challenging the privacy issue based on what you described, even though your situation stinks, i agree. however, if you can get this junk taken off your credit report, i'd say it's a win.

try the above, if that doesn't work i have other ideas.

imbc