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HIPAA violation?


hailmary58
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Hello.  I have a medical debt that has gone to collections.  I wrote to the collections company in late February and asked for validation of the debt.  They sent back all of my medical records from the emergency surgery.  Is this a violation of HIPAA?  I've read that it is, but I've also read that if you ask them for validation, it's ok.  Also, I went to the HIPAA site and looked into starting a claim with them.  I saw that you are supposed to start the claim within 180 days of the event.  I did not because I wasn't aware that it could be a violation until last night.  Not sure how to proceed from here.  Does anyone know or can anyone point me in the right direction for more information??  Thanks in advance!

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3 hours ago, hailmary58 said:

They sent back all of my medical records from the emergency surgery.  Is this a violation of HIPAA?

No it is not a violation of HIPAA.  If they have a valid business relationship with the provider then they can request the records necessary to validate your debt when you do DV.  

3 hours ago, hailmary58 said:

Does anyone know or can anyone point me in the right direction for more information??

37 years in the medical field.  It isn't a violation.  The reason old medical debts get deleted from credit reports is because the CA no longer has a business relationship with the provider and cannot validate the debt so the bureaus delete when they don't respond to a dispute.  You asked for DV and they more than responded.  That is all they are required to do.  Even if it was a HIPAA violation there is no private right of action under HIPAA.  All you can do is submit a claim to the DHS and they investigate and if there is an egregious enough violation fines can be issued.

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