Can a insurance company get your medical records without your permission

Asked about 2 years ago - Dallas, TX

I became disabeled and filed a claim with a insurance company and sent the forms they needed completed, but they denied me and then turned around and said they obtain my medical records from my doctor and after, the insurance company read my medical records , they decided with their own decision that am not disabeled and will deny my claim .

my question is can a insurance company get my medical records from my doctor without
my permission and did they break any laws by doing so, and did my doctor break any laws by sending the insurance company my medical records without notifiying me also. Don't we have a law that protect us called the Hippo law....? thanks for a reply

Attorney answers (7)

  1. John Gus Zgourides

    Contributor Level 17

    10

    Lawyers agree

    Answered . You wrote that you "sent the forms they needed completed." That likely included a HIPAA authorization for release of medical records. If not, then your health care providers should be asked why they released your information.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Sidney Weinstein

    Contributor Level 12

    11

    Lawyers agree

    Answered . Check the forms you filled out and signed. You probably gave them permission to get your medical records.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office... more
  3. Kevin Rindler Madison

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . You probably signed a form that was a HIPAA medical records authorization. If you didn't they cannot lawfully obtain those records and they broke the law and so did any doctor who gave them records without a lawful medical records authorization. Very doubtful, usually no doctor's office would ever be so stupid as to release records without a proper release. Check and ask them to produce the medical records release you allegedly signed.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . No law was broken. You placed your medical condition at issue by filing the claim and probably executed a release.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  5. Steven Mark Sweat

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . No. Your medical records are protected by HIPAA.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Ronald Lee Bell

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . It depens on your claim forms. I agree with all counsel that answered this question. I would add if you want benefits you would normally be required to release I formation

    Contact local consel
  7. David McCormack

    Contributor Level 10

    2

    Lawyers agree

    Answered . Along with everyone else, I'm guessing you signed an authorization allowing the insurer to obtain your records.

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