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  1. #1
    Join Date
    Oct 2008
    Posts
    5

    Default Being Taken to Small Claims Court

    My question involves collection proceedings in the State of Ma.
    I am being taken to small claims court by a dentist when he is the one who actually broke the hipaa law. I am not sure what to do about this. I went to see this dentist with my fiance they told me at the office my insurance was fine then took x-rays and then told me my insurance was not ok they then told my fiance all about my medical records even showed him my x-rays told begged him for the money to do a procudre on me and then told him that i knew nothing of the conversation so please do not tell me. So what i want to know is should i go to small claims court and tell the judge my side of the story or do i find a lawyer and try to sue him for breaking the hipaa law? and if i do go to small claims court can i in turn ask for money for them putting me through all of this mess? I didnt even get a notice they were taking me to court untill i got the note from the court itself

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Being Taken to Small Claims Court

    HIPAA did not create a private civil cause of action. You can complain about the violation, but you can't sue under that Act.

    Here's an article discussing two lawsuits where HIPAA factored into civil litigation under state law, in relation to standard of care.

    You're being sued for not paying your bill?

  3. #3
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Being Taken to Small Claims Court

    Quote Quoting thtdamngood
    View Post
    My question involves collection proceedings in the State of Ma.
    I am being taken to small claims court by a dentist when he is the one who actually broke the hipaa law. I am not sure what to do about this. I went to see this dentist with my fiance they told me at the office my insurance was fine then took x-rays and then told me my insurance was not ok they then told my fiance all about my medical records even showed him my x-rays told begged him for the money to do a procudre on me and then told him that i knew nothing of the conversation so please do not tell me. So what i want to know is should i go to small claims court and tell the judge my side of the story or do i find a lawyer and try to sue him for breaking the hipaa law? and if i do go to small claims court can i in turn ask for money for them putting me through all of this mess? I didnt even get a notice they were taking me to court untill i got the note from the court itself
    I thought you said you were a medical biller. Even medical biller are supposed to be (and show proof of) HIPAA trained. There was no HIPAA violation. Your fiance' was present, with YOU, therefore there he had implied consent. Maybe something additional was found after the x-ray was taken.

    Also, as a medical biller, you would have been more than aware of the insurance company mantra: "quoting benefits an eligibility is not a guarantee of payment and should not be considered as such".

    Obviously, you received services and the Dentist deserves to be paid for them. You chose to ignore your bill until he finally had to send you to collections. You're responsible for the amount.

  4. #4
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Being Taken to Small Claims Court

    yes i was a medical biller and yes my fiance was with me but not in the room with me at the time he was in another room getting his teeth cleaned so there for he was not in the conversation. and implied nothing they need consent to talk to anone and they did not have my consent. when the dentist agreed to see me i told him my insurance was messed up and there for i wanted to post pone the date i was suppose to see him he told me to come in and he would do everything he could for me and if by chance my insurance was not ok he would not charge me now all of the sudden i am getting taken to court









    QUOTE=lealea1005;250403]I thought you said you were a medical biller. Even medical biller are supposed to be (and show proof of) HIPAA trained. There was no HIPAA violation. Your fiance' was present, with YOU, therefore there he had implied consent. Maybe something additional was found after the x-ray was taken.

    Also, as a medical biller, you would have been more than aware of the insurance company mantra: "quoting benefits an eligibility is not a guarantee of payment and should not be considered as such".

    Obviously, you received services and the Dentist deserves to be paid for them. You chose to ignore your bill until he finally had to send you to collections. You're responsible for the amount.[/QUOTE]

  5. #5
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Being Taken to Small Claims Court

    [QUOTE=thtdamngood;250596]yes i was a medical biller and yes my fiance was with me but not in the room with me at the time he was in another room getting his teeth cleaned so there for he was not in the conversation. and implied nothing they need consent to talk to anone and they did not have my consent. when the dentist agreed to see me i told him my insurance was messed up and there for i wanted to post pone the date i was suppose to see him he told me to come in and he would do everything he could for me and if by chance my insurance was not ok he would not charge me now all of the sudden i am getting taken to court


    Did you get that in writing? If not, then you received a service....he deserves to be paid for his work....you owe the amount.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Being Taken to Small Claims Court

    I agree with lealea. You had the work done & the dentist deserves to be paid.

  7. #7
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Being Taken to Small Claims Court

    thats just it i didnt have any work done after there mistake and said my insurance was fine before x-rays then told me there mistake they didnt check my insurance only my fiance's i said sorry then i wont be having anything done. thats when i was told to call all my friends and family and ask them for the money i refused to do so so i left the dentist told my fiance after i walked out it was there mistake and wouldnt have to pay now im being taken to court

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