Reply to Is it OK to speak to your child’s psychiatrist without their consent?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]FYI, since many therapists, psychiatrists, etc in the DC area don't accept insurance, it's worth noting that they probably don't fall under HIPAA. However, they are still ethically bound to protect patients' privacy.[/quote]

VERY wrong, for obvious reasons.[/quote]

+ a million

HIPAA has nothing to do with how a doctor bills his/her services, or even whether the doctor bills at all.  A doctor who treats you at a free clinic is still bound by HIPAA.[/quote]

That was a simplified explanation, but whether a health care provider uses electronic transmissions to share your information for specified transactions DOES determine whether they fall under HIPAA. Feel free to knock yourself out: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html
[/quote]

^^ I know this first-hand because a DC therapist I saw didn’t lock up patient records adequately and my patient notes were stolen from her car. When I tried to file a complaint that they didn’t take any of the steps to notify patients of this breach as require by HIPAA, that’s when I got the rude awakening that the therapist wasn’t covered by HIPAA because she didn’t transmit information to an insurance plan or pharmacy (or other covered HHS transactions).

My only recourse was a civil case and complaints with boards; the usual protections I would have had via HIPAA didn’t apply.
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