Thank you so much for the advice! |
Yes, file a HIPAA complaint about it (https://www.hhs.gov/hipaa/filing-a-complaint/index.html), but also write a formal complaint so you have evidence of what you asked them to address, when and why.
And then wait. And wait some more. And keep waiting... Don't expect a speedy response (or, really, even a response at all) |
Thank you! |
Yes, you sign form once a year outling who may receive your info. Your insurance is in no way connected with him, is not even his insurance. This is actually very actionable. I would be, and most of us would be furious if our personal medical info went to an ex-spouse. There's no reason at all that might accidentally happen- the office would have to be grossly incompetent. |
Side tangent - aren't there divorce agreements where exes have to maintain the former spouse on their health insurance?
I agree OP deserves a correction of the issue. But I believe this situation may be valid for some divorced couples. |
Even if someone was paying for insurance for an ex, there would never be a reason to share PHI unless there was explicit consent, and this consent is confirmed on a regular basis. PHI is highly regulated. |
^ people have been fired for disclosures much less severe than this |
You gave consent and the consent needs to be revoked. Changing your address doesn’t do that. Upon divorce there’s no notice sent by the court notifying everyone who might send you confidential information to not send it.
Your ex should have told you years ago he was getting your mail. |
That’s not how the law works. But nice attempt to troll. |
Covered entities have an obligation to ensure billing info and PHI is being sent to the correct address and individual. This did not happen and is a fairly serious breach of PHI. It’s likely a system issue, but if an worker/individual did this purposely, they would be terminated. |
This is an insane excuse. The "system" is run by people who have responsibilities under the law. The burden is 100% on them to make sure their system is configured in such a way that the law is followed. |
DP here and I completely agree. Also, send a copy of the complaint to the medical group via US mail. Preferably certified or priority mail so you can prove delivery. I'd also consider finding the privacy or compliance, or whatever it's called, part of the medical group that owns or oversees this practice and send a copy to them too. Do not rely on email or phone calls. Those are easily blown off, as you've already experienced. |
The same thing happened to me. It's up to YOU to change your name, address and all information going forward.
It's not a HIPPA violation. I work in the medical field. Stop wasting your energy on BS. Move on with your life. You will feel better if you don't play the victim. |
You’re obviously lying. And Op did in in fact update her info, if you actually read her post. She says that repeatedly. Btw I’m a privacy lawyer. This is in fact a HIPAA violation. |
WOW. Pretty sure you don't work in medical field. If you do, are you one of those who carelessly releases PHI to unauthorized entities? OP, please follow through with this and update this thread. I am invested now. Something similar happened to me when a nurse (that my ex knew) gave my ex info from my file. I loved my doctor and i told her privately during my appointment, which she appreciated. That nurse was let go soon after that. |