Can Private Health Information be sold?

[Rick9972]

I just received a notice that a medical account of mine has been sold. Not sure exactly how this would fit under HIPAA. A health organization can release Private Health Information to a third party for payment collection, with certian conditions.

But selling the account with PHI would mean making a profit off of selling PHI.

This has me thinking. Any imput would be appreciated.

Thanks

[retmar]

Send a PM to "LadynRed" as she is quite up on HIPAA, or, wait a couple to see if she finds this and responds. Also, there are a couple others who work in the industry who may be able to assist you. Keep this at the top for a few days.

The only thing I ever heard as to a way they get around it is when you sign the papers, such as in the ER, if you read the words, you will find you "forfeit" your rights. Don't quote me, but. Also, if you had health insurance at the time, contact your carrier and ask them. Why, is because many carriers have rules and regulations that must be obeyed if a provider agrees to accept assignment. Therefore, if the provider did err, your carrier will many times jump in.

[Rick9972]

Thanks Retmar and will take your advice. One thing to remember is that release you sign is more of a case of smoke and mirrors, than anything substantial. Most of the things that medical offices do with your information does not require a consent, and those things that do require consent. Require "specific" consent, listing the who, what, when, where, why and for how long.

That is my understanding, and I have been reading alot about Hipaa and the Privacy Rule lately. My wife is a legal nurse and we have been discussing some of this also. I look forward to hearing from LadynRed, her imput is always direct and to the point.

[Moriah4]

I think they can sell the account information

Name rank serial number etc.

What they cannot do is provide health/medical information.

What I read in Hippa is that it is the Original Creditor you have a beef with if it is a paid collection if it isn't paid they can and will keep it on your CR

I am working on one right now.

Of course TU is ading and abetting the CA but then you expect that regardless.

Good Luck I will be watching this post as well.

I have an unpaid collection is due to drop off in mid 08 so is a waiting game at this point with it I think.

Bright Blessings

Moriah

[retmar]

Agreed!

But, it was found that when you signed that "form" in the ER, you basically forfeited your rights. Like I said, it was a couple of years ago, so, do not recall the exact finding of the others. In short, we can all expect the provider to overreact to a new statute, and, find ways to avoid repercussions for screwing up.

In regards to selling, it happens every day, and, as mentioned, can only be "non-personal" info. BUT, we all know how far that goes. Especially when a consumer does DV the new owner, they must contact the OC for proof of claim. True, the info supplied by the OC may only contain reference numbers to the treatment along with the personal info, all of us know different. It was said and known that some CA reps knew a clerk in billing and would ask what a specific number meant. And, last, but not least, all a CA had to do was look in the phone book to see what the Doctor's specialty was, and, all was known, and more than likely exaggarated, so take it from there.

My biggest complaint with the providers today is when, as a parent, or spouse, they refuse to even connect you to your family member's room because you asked if they were a patient instead of asking for a specific room number. In fact, not long ago, one of my grandaughters had to take her daughter for her 6th month checkup. She had misplaced the appointment date and time, so called to double check. The idiot at the office refused to tell her because she was the mother, not the patient. Mind you, Veronica was only 6 months old. DUH! We called another Doctor and she never went back. When asked why, she told them.

As a whole, I recommend to anyone involved in a medical collection, to contact their insurance carrier first, if one is involved, before contacting the CA or CRA. Your carrier can handle without unnecessary time and effort on your part. Why is because many of them have rules and regulations a provider must abide by when accepting assignement. It is part of the agreement. To add, this is why many providers do not accept assignment, and ask for payment from you, then you bill your carrier for reimbursment.