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Can a insurance company get your medical records without your permission

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

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Attorney answers 7

Posted

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 of Sidney Weinstein, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Sidney Weinstein, sidweinsteinlaw@att.net, (404) 522-3108.

Posted

No. Your medical records are protected by HIPAA.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

Posted

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

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Posted

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

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Posted

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.

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Posted

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.

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Posted

I only filled out claim forms to start my claim process and i never signed no Hippa BUT i do remember sigining a hippa when i applied for disability insurance but this is a insurance company i have been trying to get to pay me for now over a year and they said scince this claim has gone on for so long after me appealing it now for 2-times , they just went all by themselves and obtained my medical records and no one notified me and this doctor was my chiro, but since then i have seen also a medical doctor and had a MRI but this company only got chiro medical records not my other doctors medica records as of yet because i called my medical doctor and was told they have not been contacted. Do i have a case against this insurance company for obtaining my medical records this way which i already have a claim yet resolved....? thanks for another reply

Posted

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

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