Is asking for medical records a HIPAA violation?
I tripped when the deck collapsed at my rental house. I requested contact information and policy number to speak with someone at the insurance company… The manager for the landlords said she wont give any information unless I give her pictures of injuries and the medical information. Is this considered a violation? She’s not giving out information but asking when she has no business asking. Thanks.
You want to claim an injury and you refuse to show it? No, that won’t fly.
If you want to make a claim, you must substantiate it. They are under no obligation to even speak to you if you do not show evidence of injury. You don’t have a right to speak to their insurance directly, you file a claim against the landlord, then THEY refer it to the insurance carrier.
None of this has anything at all to do with HIPAA, which involves medical record confidentiality on the part of medical practitioners.
HIPAA only covers medical facilities and their employees. That said, she doesn’t have a legal right to demand that information. That information is for the insurance company to handle.
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You want to claim an injury and you refuse to show it? No, that won’t fly.
If you want to make a claim, you must substantiate it. They are under no obligation to even speak to you if you do not show evidence of injury. You don’t have a right to speak to their insurance directly, you file a claim against the landlord, then THEY refer it to the insurance carrier.
None of this has anything at all to do with HIPAA, which involves medical record confidentiality on the part of medical practitioners.
References :
HIPPA actually covers anyone who discloses medical records. It is most applicable to health care providers, but can include anyone with access to records.
Also, the landlord has no legal right to demand your medical information. As a practical matter, if you’d like to settle the claim without having to resort to a lawsuit, you’re probably going to have to turn over the information, at least to the extent it relates to the injuries you suffered in the fall. But, be aware that if you file a lawsuit, most states will find that you have waived any privacy interest in those medical conditions, and order the health care providers to turn over a copy of the records.
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I’m a licensed California attorney.