QUESTION
Can someone explain the HIPAA Privacy Law to me. Can an insurance company that is on the defense team pull my med records without permission?
Asked on Jul 24th, 2012 on Business Law - Virginia
More details to this question:
I have an attorney but he told me today that they found out after a car accident I went 2 months later to the doctor because I fell on my wrist and it could have effected my shoulder. I did not sign anything to the other party to pull my records. I only signed for my lawyer but he questions me about this after they told them they recieved records. How could they get them without my permisssion. Am I being sold out or cheated? I do feel I have been violated.
1 ANSWER
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In general, health-record privacy laws (of which HIPAA is only one) do not protect you against disclosure of your records pursuant to a court order or subpoena. Once you assert a personal injury claim in litigation, you open your entire health history (since birth) to scrutiny, because the defendant is entitled to know whether your injuries are the result, even in part, of a preexisting condition. Your attorney knows this and should have advised you of this. If you didn't want your comprehensive health history examined, you should not have asserted your claim.
Answered on Jul 25th, 2012 at 7:42 AM