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HIPAA Violation??

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herpnthederp
Established Member

HIPAA Violation??

I have searched this, but am unclear on what the hospital can send 3rd party agencies. 

I paid my bill late last summer for a hospital service. 7 months later I got a call from a collections agency saying i owed the amount i had paid. I contacted the healthcare provider and they explained that when i paid the bill (a couple days after the due date i had on the bill from them) it was in transition to collections, so it got credited to the incorrect account number. After a few days they assured me everything was resolved. Last weekend I went and got the mail and had a letter from the collection agency with a bill and what looks like internal billing system information from the hospital that was sent to them. This information has my name and amount of bill "owed" along with a patient number, my insurance and policy number, my employer information, the procedure that was performed and billing amount. This billing looks internal to the hospital, so i am wondering how much information can  be shared and sent via the post office in an envelope. I feel like this is a lot of information that could be lost in the mail.... just wondering if anyone had any insight.

 

Also to reclarify, this is for a bill that has been PAID for close 9 months now.

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RobertEG
Legendary Contributor

Re: HIPAA Violation??

HIPAA provides an exception in disclosure of information to debt collectors for the purpose of collection on a debt, but still only permits disclosure to the extent necessary to conduct collection.  The information provided seems permissible except for disclosure of the medical procedure that was performed.

 

If the debt collector obtained the info prior to any actual knowledge that their collection authority was in error, it would be a stretch to assert a blanket violation of HIPAA based on their obtaining information that would otherwise be permissible.

 

You can certainly file a complaint asserting violation of HIPAA based on improper disclosure of the medical procedure, and get a resolution pertaining to the disclosure of the medical procedure.

That is apart from any credit reporting and scoring issues.

 

Message 2 of 4
herpnthederp
Established Member

Re: HIPAA Violation??

Okay, I am going to contact the hospitals Hipaa Compliant Officer tomorrow, the hospital was aware via previous calls that the debt had been paid last September, yet still sent the collection agency this information after the fact. I also had told the collection agency in March i had paid this September. Nothing has hit my credit report yet,  I am keeping track of everything in case it does though since that could really hurt my score. 

 

Thanks so much for the information. 

Message 3 of 4
fltireguy
Valued Contributor

Re: HIPAA Violation??

The information that the collection agency was given sounds like it was a flagrant violation of HIPAA guidelines. What they CANNOT give them is any information as far as what procedured were done, why you were there.. etc..etc.. THAT is what is protected.. 

NFCU $60.4k/PenFed $22.5k/Commerce $15K/53 $11K/Synovus $14K/BBT $11K/CapOne $12K/DCU $7.5K/BMO $7.5K/Chase $14.5k/Cabelas $10K/ and many many more!
Total CL $398600, plus car and RV loan.
Ooh. Ooh. Getting closer to that $500K mark!
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