Addressing a Potential HIPAA Violation

In upstate New York, an insurance company is demanding computer access to all their panel providers. They are claiming that they are entitled to it as all of their subscribers have given permission. The problem is, is that they are demanding total access, which would include access to other patients that have nothing to do with their insurance company. On its face, this would be a blatant violation of access to PHI, personal health information – a HIPAA violation. The insurance company threatens to expel any panel member that does not comply. This puts the provider in a terrible position. We are currently in contact with state prosecutors and administrative personnel for their opinions as to this disturbing situation. Through this column, I will keep you posted.

Until next time,

Larry Kobak, Esq.
LKobak@frierlevitt.com
516-222-2407