My husband stated he couldn't handle responsibility of marriage or family & asked for a divorce. I later found out he moved his pregnant girlfriend in 3 days after he kicked the children & I out of our home. Almost 2 months after I filed for divorce I realized my medical, dental, & vision coverage had been retro terminated. His HR said he had told them the divorce was final.
05/28/09- We speak with an Attorney for an uncontested divorce
06/01/09- Children and I are kicked out of the house
06/27/09- Divorce filed stating insurance not to be modified
08/17/09- I find out my coverage termed on 5/31/09
09/08/09- I contact carrier and his employer to question coverage termination. I advised them of court order and HIPAA laws prohibiting the terming my coverage in this situation. Faxed copy of court papers to his employer and coverage was reinstated.
09/10/09- I confirmed my coverage was reinstated and claims for Sept and Aug were paid.
09/14/09- Called carrier requesting no PHI be released to anyone without my permission for any reason. Password created for verification. Stated I would pursue any HIPAA violation to the full extent of the law.
09/28/09- Judge agrees coverage should remain active at my husband's expense until 10/1/09.
09/28/09- Carrier mails EOB for my approved claim to my husband.
11/10/09- Carrier mails EOB to husband stating same claim is being reversed due to retro termination of coverage.
11/13/09- Carrier mails EOB for denied claim due to retro termination of coverage.
12/11/09- I called carrier questioning coverage dates & unauthorized PHI releases. I was never asked my password. I was told my coverage was "waived" 5/31/09 & had never been reinstated. They say they didnt violate HIPAA by releasing PHI, terming coverage, not sending HIPAA notices, or offering COBRA after they termed. They told me I had to get a lawyer, because they would not stop sending my PHI to my husband, reinstate coverage, etc.
I would like the carrier (Principal) and his employer to be held accountable for their negligence. I know the fines can be $50,000+ for each PHI violation and $150 for each day I wasn't offered COBRA. Please advise on my options to sue civilly.