Have Legal Questions? Ask a Lawyer Now.
I understand, to some extent, several of my HIPPA rights have been violated. Both hospitals have stated they would correct my medical/insurance files but that exercise has not been completed as of yet.
I have contacted the insurance carrier. They told me they would retract claims as of 7/2 but have not done so yet. There are now an additional 8 or so claims on top of that. How do I know what questions to ask to ensure separation of records, etc. when I can't see them? All I can see are my EOB's and claim status.
I'm sure there are other documents, calls, verifications that occured but, I'm in the dark when I'm on this side of the fence. As an example, I thought to ask the insurance carrier about this being applied to my lifetime maximum but I was lucky to have thought of that question. I simply don't know all the questions to ask to verify a total 'clean-up' has occured.
There will be checks sent to insurance from providers so there will have to be some backup data explaining the issue but how much? In what areas will that description of the problem exist? In what areas of the insurance world, and the great computer in the sky, would an erroneous diagnosis be given and such diagnosis need to be retracted?
Additionally, I don't have an intimate knowledge of how a hospital distributes records, corrections, etc. I can ensure my medical record is clear of the other patient's information visually however how can I ensure there is no other information associating me with the other patient if I don't know what to ask to see?
I also want to ensure that if I entered the hospital in the future that my records are mine. Nobody will be pulling up the other patient or providing treatment on me in line with the other patient's diagnosis. This is the main hospital in my city and I'm now scared to enter it.
The Risk Manager drafted a letter to send to Providers requesting retraction of documentation and billing for my review prior to sending out. Unbelievably, they put another erroneous birthdate down. I am now older than my father! They spelled my last name incorrectly. These are basic areas that should be absolutely correct at this stage in the game. Where and what are the other areas I should be concerned with?
I understand there is no compensation for violations of HIPPA but how do I get an advocate/attorney to help me without having to pay for it?I have already put in a tremendous amount of my time in documenting phone call, email, timeline, etc. Can I be compensted for that?
I want to be able to rest easy that the hospitals are not only doing things to protect themselves but also have me at the heart of the solution as well. How can they if they can't get my birthdate and last name correct?
I need more help and information from you pertaining to the questions I have outlined as well as, the next few steps to take.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).