Breach of HIPAA

Tags:
Compliance
HIPAA
I had an auto accident, I was the victim. Went to a chiropractor; he encouraged me to sue for large settlement. I went to four 30 minute visits. He essentially charged me $800.00 an hr. Once I found out that he was charging me so much, I got scared and quit going afraid the insurance co would rebuttle paying that large amount. Told him I would settle with him once the claim was settled, but he turned me over to collections 30 days later and it was on my credit report in 3 months as I could not pay in full and I'm responsible. During this time a friend of mine went to the chiropractors office and asked him why he was treating me so bad and ruining my credit when i said I would pay.  During this conversation the "Doctor" discussed my case, talked about where I lived (the sub-division right here) and said I had a bad injury and he took x-rays.  The conversation was recorded. Is this a HIPAA violation with specific violation to Protected Health Information? I'm getting sued in court now for not paying his $800.00 an hour fee b/c I trusted him and I shouldn't have. Can he talk about me, my case or anything about me being a patient there to a random 3rd party? I did know the 3rd party but I did not give this doctor permission to discuss my case with him. What if that 3rd party was a stalker or someone crazy? The doctor had no way of knowing his (the 3rd party's motive).
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Interesting and sad story, but this web site deals with technical issues.

You need to discuss this with a lawyer.

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  • TheRealRaven
    ...violation with specific violation...

    Any question that needs legal advice can only safely be answered with "Retain a lawyer for legal advice." We can't tell (nor say) if there was a violation or not.
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  • ToddN2000
    Sorry to hear your dilemma. We are not lawyers, we are IT professions to help with programming and technology issues.
    My advice would be to look up your local community lawyers. Some of them will give you some free one-time legal advice. Based on their advice you may need to hire a lawyer of your own. Some doctors share medical advice, it's part of their job. As to what they can and cannot share, I do not know. Sharing with a non medical 3rd party could be an issue if full information about patient was given. It could also depend if you have set up a health care proxy who also has the right to make medical decisions for you if you become incapacitated,
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  • Kevin Beaver
    Having worked in/around the healthcare industry for years and written two editions of a book on HIPAA compliance, based on what I know, it sounds like you may be onto something. Definitely consult with an attorney. If you meet with one who's HIPAA-savvy, it shouldn't cost you but an hour's worth of his/her time so you can determine the best course of action. Good luck!
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