My husband's ex-wife used my husbands information to create an account through BCBS "my health toolkit" and gained access to all of my health information and my three children's information. While they do have two children together and he carries only the children on his insurance (she was taken off after the divorce), she does not have a right to my information, my husband's information, and my children's information - like medical bills, EOBs, etc. Is she criminally and civilly liable, and does anyone know what specific law this would violate?
You could possibly sue her for invasion of privacy, but I would doubt a lawyer would take this case on a contingency basis, thus requiring a retainer. If she has used this information with intent to defraud, you possibly would have a criminal case to report to the authorities. Finally, there is no private right of action under HIPAA.
Dr. Michael G. Sribnick, Esq. defamation attorney with offices in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline