And now, another episode of "Unclear on the Concept"

[captainsblog]

I filed a routine claim for a routine client in a routine bankruptcy last month. I now get notified through the electronic filing system whenever anybody else files one. Since other creditors' claims can affect how much my client gets paid in a fixed-pot case, I frequently look at the others that get filed.

Here's one.

Since this shit gets put out on the Internet, the rules require redaction- of social security numbers, birthdates, account numbers and anything that would identify a minor beyond his or her initials.







There's more, but it's kinda icky. And the date of birth and other personal identifying information was redacted by hand about as crappily as that line at the top there was.

And so, I put it to you: if I tip this guy off to this abysmal HIPAA violation by the hospital he owes money to, can my client claim part of the damages?

Comments

[oneeyeddaruma.livejournal.com]

Would you help him, even if it didn't serve to benefit your client?

[audacian.livejournal.com]

Wow that is bad. If you turn them in, so to speak, does that eliminate their claim and allow you a bigger share? I'd be tempted to write to the trustee and say "Hey did you see that? That's not nice."

[firynze.livejournal.com]

Yikes. On the one hand, it's nice to know that hospitals other than mine itemize things. On the other...EGAD. What a violation.

[glenmarshall.livejournal.com]

Report them to CMS Office of Civil Rights, which enforces HIPAA. While there may not be any civil penalties involved, it will require the provider to be much more careful in the future.

Unfortunately, under HIPAA, there is no right of individual action nor recovery of damages. State law may provide that, though.

[captainsblog.livejournal.com]

Yes, but it gets, as they say, complicated.

I can't even speak to a represented party, so I'd have to let their lawyer know. Doing so might create a conflict of interest if I just disclose it without trying to ensure some benefit to my own client out of the whole thing.

I have since learned that there are no damages payable to the patient on account of this sort of violation, so that makes it easier to just help out- either by telling his attorney or the one for the creditor.

[captainsblog.livejournal.com]

It might have that effect. I'll also be interested to see if an amended claim comes through with the stuff redacted as soon as the trustee- or someone- sees what I saw.

[oneeyeddaruma.livejournal.com]

Then what's the point of HIPAA? Really... if there's no recourse for having your info shared, what's to keep more from being released?