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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I was in a bariatric surgery program. On three separate accounts

Customer Question

I was in a bariatric surgery program. On three separate accounts the office has violated HIPAA that I've experienced. I had no issues with the surgeon as the HIPAA violations I experienced came from the actual office staff. 1.) I was given someone else's receipt that had their full demographic, diagnosis, payment, and provider information. They gave mine with the same info to someone else. I turned the receipt they gave me in. I have not heard if they have recovered mine. 2.)A fax with personal health information that I sent to them was lost in the office. They confirmed receiving it, and I have proof of receipt, but they could not locate it. 3.) The program coordinator who is non-medical personnel told patients in a support meeting that she receives regular texts full of personal and medical information about her favorite patients from her husband who is a anesthesiologist for the program. My mother is a compliance officer and I have always been told that it is my ethical responsibility to report these instances.
I was set to have surgery June 3rd. Yesterday when I called to check in, I was told they had dismissed me as a patient because I filed the compliance complaints. They said it was clear I would "be happier elsewhere" when I filed the compliance complaints.
Obviously, I don't trust the office to handle my medical care at this point. I know I can't force them to see me. However, they billed me and my insurance for all services I had to prepare for the surgery. I've lost time and money, and so has the insurance because they're retaliating. Also, I have to restart the program all over again, and will have to pay out additional funds because of this. I'm having this surgery because I have an extremely damaged back. The impaired mobility has made it impossible to exercise without injuring myself. It's a catch 22 because the weight loss is required for my spine to have relief. Due to this, my surgery was necessary for more than just the weight loss benefits. Can anything be done?
Submitted: 2 years ago.
Category: Employment Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma. Can you tell me approximately how much money it will cost you to start the process again? That is, how much to go with a different provider to get to the spot you are at now (so you can continue on with your planned procedure)?