Is this a HIPAA violation?

[Anonymous]

I requested verification from Professional Finance Company regarding my DH medical bills in collections. They responded by sending me copies of the hospital billing statements that include detailed information including lab tests ordered. When I called the hospital billing department they said they are a third-party billing agency which is also part of the collection agency and they are allowed to have detailed information in order to collect. They said it was not a HIPAA violation. Because of that detailed billing statement it's obvious why he went to the emergency room. Is it a HIPAA violation for a collection agency the hospital hired to have detailed billing records?
The cover letter and statements were sent to me January 16th 2019. On January 1st 2019 I emailed the hospital to resend authorization for any third parties regarding his information (HIPPA).

[Anonymous]

Shockingly, it’s not a violation at all. 

https://blog.credit.com/2015/07/is-a-debt-collector-allowed-to-know-my-medical-history-120604/

[FireMedic1]

Information provided by the hopital to the collection agency should be limited to the patient’s name, contact information, date treatment was provided with amount incurred, amount and dates of payments made (if any) and the current amount due. The hospital may not provide treatment details or purpose of treatment information to the collection agency.

If you believe that your privacy pertaining to your medical history has been unlawfully accessed, you can file a HIPAA complaint. Click here to read all about filing a HIPAA (Health insurance portability accountability act) complaint. HIPAA prohibits any retaliation against you. Under HIPAA, an entity cannot retaliate against you for filing a complaint.

[Anonymous]

I was just going to post something along those lines...

Type Of Information Disclosed

Under HIPPA laws, the information that can be shared with a collection agency is limited. The information that may be disclosed to a collection agency includes the debtor's name, address, Social Security number, date of birth, account number, payment history and the name and address of the health-care facility or provider. However, HIPPA laws do not allow the medical records to be submitted to a collection agency. The services a patient received are private, and those records may not be disclosed to a collection agency.

No matter how much research I do it seems like half say the collection agency can have this personal information and the other half say they cannot. I never gave the collection agency permission to get medical records. I actually rescinded authorization for third-party sharing to the hospital. The only thing I sent a collection agency was it letter stating I want all information that the hospital shared with them so I could see if the hospital and collection agency were in violation of HIPAA with sharing private information. Then the collection agency sent me detailed billing statements in response.
This is confusing!!!

[Anonymous]

The collection agency cannot be furnished with medical records to collect the debt, however, when a validation is requested it is then permissible to send the records as proof of the existing debt. It’s possible they viewed your letter as a validation and thus got the records and forwarded them. 

Its likely to be very difficult to prove if anything was done wrong along the way. 

[FireMedic1]

Give me a couple days and i will speak with the Billing Director at the hospital I work at part time. Been working ER's for 35 yrs. And we have to get tested each year for HIPPA updates and changes required by JHACO and ACHA. I believeto the best of my kmowledge the test/cost that are ordered may be listed. But its a fine line. Having Labs, Xrays, CT, ER MD Group which bills separtly cost can be listed on a an itemized bill. But the reason for the tests and the diagnosis readings are not included in billing. That would be a violation. It may say Labs but I dont think they can list which lab tests were ordered. Same goes for Radiology. It may say Xray, CT, Nuc Med, Ultrasound, MRI. But it cant say why the tests were ordered or the results. I'll get back to you tomorrow night.

[Anonymous]

Thanks!
This says labs and the test that was ordered under it plus medication for those labs.

[FireMedic1]

---

@Anonymous wrote:
Thanks!
This says labs and the test that was ordered under it plus medication for those labs.

---

OK. Long as it doesnt say the test was ordered to R/O (rule out) a medical condition. I go in tomorrow (Thurs) 7a-7p. I'll let ya know.

[RobertEG]

HIPAA provides a limited permissible purpose of disclosure of medical debt to a debt collector, but only to the extent that the disclosure relates to information necessary to conduct collection activities, such as the name of the consumer, the amount and date of the asserted debt, address of the consumer, etc.

HIPAA does not provide a detailed description of what is or is not proper or permissible disclosure, and it is decided on a case by case basis, and in view of any pertinent case law or regulations.

I would consult an attorney versed in HIPAA for their specific review of what was disclosed, and an opinion as to whether it falls within the permissible disclosure interpretation for debt collectors.

[Anonymous]

Thank you