My question involves small claims court in the state of: Connecticut
Being sued by an attorney for an unpaid dental bill who alledges to be working directly for the dentist. At the time of suit, I asked the dentist's office manager if they owned the debt, she reluctantly informed me they didn't - it was sold to an outside party. Part of the bill was for a root canal which had become reinfected 2 1/2 to 3 years later - so we filed a counter-claim for set-off as the cost to repair exceeded the amount of the suit. Over 2 months ago we requested various documents in writing from the Plaintiff's attorney including our dental records. Plaintiff's attorney now informs us they can not provide medical information without a HIPAA authorization signed by us. My questions are:
1. If the attorney is truly representing the original healthcare provider do they need a HIPAA authorization signed by me to provide me with my own records?
2. If they are representing a third-party debt buyer and concealing that fact by suing in the name of the original Dentist how due I compel the attorney to disclose the true party with respect to issues of standing? Assuming the debt was purchased at a discount how would that affect the amount of damages being sought?
3. Can I file a motion to compel to receive the requested information? How would I incorporate the HIPAA issues into a motion?