If a collection agency has a copy of my medical history, is this a violation of HIPPA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a collection agency has a copy of my medical history, is this a violation of HIPPA?
Collection agency sent me a copy of my actual medical bill, including meds I was given and tests that were run during my stay in the hospital. This seems to be a violation of my privacy. They did not need this information to make collection. Anyone at the collection agency could have read this personal information.
Asked on November 26, 2010 under Personal Injury, Louisiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Depending on when the collection agency obtained this information, yes it could be a violation of HIPAA. You are absolutely correct that a third party collection agency who is seeking monies for medical services you have not paid for should not need nor have cause to have your medical details. The only item that collection agency needs is the amount you owe and when it was incurred. You may wish to consult with an attorney who specializes in HIPAA because there may be federal and state statutory issues here that can help you recover certain costs possibly, even forgiveness of debt if you negotiate it properly. Every state has an option to make its laws stricter than the federal HIPAA legislation, so oftentimes it is not an issue of federal pre-emption as much as it is an issue of which law the court will indicate it will use.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.