Outside Provider HIPAA Violation

[green]

Has anyone taken action against a private provider regarding the improper sharing of medical information with the VA?  I recently went to see a private cardiologist for some tests on my ticker.  I told the office staff 3 times each during two appointments NOT to share my information with the VA.  Yep, you guessed it, they sent copies of the doctor notes and evaluative tests to the VA without my permission.

Green

[pwrslm]

 

Get what they tell you in writing, or If you can, recorded (if its legal in your state).

 

Just phone calls don't cut it.  They leave no trail, no written record and nothing to show a judge.  Get everything in writing.

When they get a lawyer, you should to.  Their lawyer is out to protect THEM, not you.  YOU are the enemy as far as the lawyer is concerned.  It is their obligation to minimize the impact of the release of information, when you tell them its ok, no damage, your mistake.  Get legal representation ASAP.  The names of the people you spoke to must have some significance to their legal team.  Your lawyer should get this done for you, don't communicate with them any longer.  Your attorney should protect your interest here.

Edited September 30, 2015 by pwrslm

[lotzaspotz]

Found out this morning that the VA provided the HIPAA violation related doctor office notes and results of tests to the RO rating officials.  Very interesting as it has nothing to do with the secondary claims I've filed.  The Doctor's office hired an attorney to represent their interests (even though I gave no indication I had planned on seeking legal action at this time).  The attorney asked me to provide her names of the people I spoke with at the doctor's office as well as copies of any documents I had proving their error.  I find this bizarre as we are not in a legal battle and as such they have no "discovery" rights.  I simply responded to the email and suggested she speak with the HR person who told me they had conducted an internal investigation, they were sorry, and admitted they had made the error (twice).

It's not bizarre at all, it's perfectly logical for the doctor's office to lawyer up and try to get you to tell their attorney who said what.  It's what happens whenever there's a liability issue that involves fines, puts licenses in jeopardy, etc. They will then try to create a narrative that will attempt to neutralize any possible action on your part against them for violating HIPAA laws.  They are being proactive in the event you file a formal complaint, and the fact that they expect you to do so indicates to me that they know you have adequate grounds to complain.  On top of that, you were also asked what it would take to make the problem go away.  I interpret that as a quid pro quo in one form or another.  They're starting to get into the weeds on this thing and dragging you in with them.

Remember what I said about getting an attorney to protect your interests?  At the very least, you may want to rethink your position on filing a formal complaint.  Although a logical move on their part, it was still real chutzpah for their attorney to expect you to name names and supply them with copies of your evidence.  That alone would have pushed me over the edge to do something, and I wouldn't need six years to think about it.

Edited October 1, 2015 by lotzaspotz