If my dental insurance company provides information to someonenoton my policy, have my HIPAA rights been violated and do I have recourse?

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If my dental insurance company provides information to someonenoton my policy, have my HIPAA rights been violated and do I have recourse?

My ex-husband called my dental insurance company for information regarding reimbursement. He states that he received information from the representative. He is not on my policy. I do not have a good relationship with my ex and would have never agreed for him to contact my insurance carrier or receive information from them. He even stated in an email that the representative has agreed to be present in court and answer questions. I feel my rights have been violated. Do I have a case?

Asked on September 26, 2011 under Insurance Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your dental insurance carrier should never have given information to a third person concerning you without express written authorization signed by you with respect to your insurance policy with the exception of your employer assuming your dental insurance policy is a work related benefit.

If your dental insurance carrier provided information about you without authorization, I would contact some representative with your insurance carrier and discuss your displeasure over what happened in order to prevent a recurrence. You might also discuss the situation with your state's department of insurance. Your dispute is more of a governmental adminsitrative issue concerning a consumer complaint as opposed to a legal action.

 


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