Hipaa Violation,

[HPSE-7]

I have recently found, after requesting my C-File, that the VA is in receipt of several medical forms from my private insurer/provider that have not been authorized. They allow the VA to see the path I am pursuing in regard to secondary issues that have not been brought to their attention at this point. One on the forms actually holds a differing opinion than the VA as to the cause of some of my leg pain, thus if used could possibly reduce my %.

I called the VA and mentioned the situation and asked can these files (without identifying) could be removed from my file, as they were given without a specific release for them. Answer was, "Nope" they are now part of permenant record, "we don't delete/destroy any medical evidence once it has been received. Does anyone know of another way to deal with this situation? The medical group that released is now looking at my charges of a HIPAA violation and seem pretty nervous about the whole situation, not sure whether to push that or leave alone.

Thanks for the thoughts.

[Berta]

This site has considerable info on HIPAA and privacy rights of patients :

http://www.privacyrights.org/fs/fs8a-hipaa.htm

[john999]

You probably need a lawyer to actually get any money out of the HIPPA violation. I don't know if you have to show damage or not. There are a lot of laws on the books, but the remedies are not so easy to obtain. A doctor hurt me in an operation. Because I am already disabled I can't claim lost wages. Since they did not have to cut off my foot nobody wants to represent me in malpractice case.

[jbasser]

When you signed the release to allow the VA to get your records, Did you set any parameters? Dates, Etc. If you have a copy of what you signed. If you didnt set any parameters, then there is no Hippa Violation.

J

[HPSE-7]

I specified the Dr., dates and in relation to his/her specialty what could be released in the comments section and again on the reverse of the form. All my issues are with forms from Dr's not specified, a total of 7 forms. 3 give impressions contrary to the VA findings, as to the order of the causal link from one condition to the next. They even released a diagnosis from a Dr. that was not in their practice, that was sent to them to substaniate the origin of another condition.

[HPSE-7]

Sorry, I forgot to mention the records division of the Dr's office has already admitted the forms were sent in error. The person was being notified then of their error. I don't know if I have any intention about persuing the HIPAA as far as an Attorney, I just want to know what do I need to do to keep this from happening again. I don't need information in my C-file that contradicts what other Dr's have linked. The last thing I want is for the VA to re-examine an issue and decided that they remove a SC, for the injuries I know happened while in the service.

A even bigger question is, If I do succeed in getting information removed. How do I know that they won't have some reference to it later down the road? I don't want to sound like a conspiracy theorist, but after nine years I know they do not play fair.