loopylorns

Yes I agree, thing is we just arrived went there the next day and went to the school that afternoon ( we already had forms from school posted to the new addy), the girls started school the following day.

Our prime concern was getting the girls into school and so this was all done quickly.

The receptionist has told husband that as friend introduced us to them they are within their rights to discuss with him.

hmmmm.

loopylorns

Yes I have started to do this a week or so ago but thanks.

Also receptionist put phone down on me last week when I told her I was not going to pay the bill, how proffessional is that?

Jerseygirl

They always do that when you threaten legal action.

Duncan Roberts

Unless you signed an release of information agreement and specifically named your friends and what access rights they have, she's talking bollox.
Send or read them this. You are after the "identifies the individual" bit and by my understanding, she falls under number 3..

The statute prescribes criminal sanctions only for those violations of the standards that involve the disclosure of "unique health identifiers," id. § 1320d-6(a), or of "individually identifiable health information," id., that is, that subset of health information that, inter alia, "identifies the individual" or "with respect to which there is a reasonable basis to believe that the information can be used to identify the individual," id. § 1320d(6). More specifically, section 1320d-6(a) provides:

A person who knowingly and in violation of this part—
(1) uses or causes to be used a unique health identifier;
(2) obtains individually identifiable health information relating to an individual; or
(3) discloses individually identifiable health information to another person, shall be punished as provided in subsection (b) of this section.

Id. § 1320d-6(a). Subsection (b) sets forth a tiered penalty scheme. A violation of subsection (a) is punishable generally as a misdemeanor by a fine of not more than $50,000 and/or imprisonment for not more than one year. Id. § 1320d-6(b)(1). Certain aggravating circumstances may make the offense a felony. Subsection (b)(2) provides for a maximum penalty of a $100,000 fine and/or five-year imprisonment for violations committed under false pretenses. Id. § 1320d-6(b)(2). And subsection (b)(3) reserves the statute's highest penalties—a fine of not more than $250,000 and/or imprisonment of not more than ten years—for those offenses committed "with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm." Id. § 1320d-6(b)(3).

loopylorns

Thanks Duncan, great info.

Of course I could just pay the bill and have done with it but its a matter of principle now so certainly wont be doing that!

Bob

It sucks...but it happens all the time...fair enough be anecdotal about something, but to be giving identifiable info, that's a big no-no.

Weird how in many dentists offices, you'll have an open room and can be seen by everyone as you get treated, that I find weird...not all dentists, but a few at least.

TouristTrap

I think it has to do with perv abuse of patients, and all the ensuing lawsuits, that have been in the news the last few years.

loopylorns

Ok quick update.

We have written the letter to the doctor, will post today recorded delivery plus one in standard mail as a poster suggested.
Kept it to the raw point of the situation-being miss advised and did not include all the in between stuff as this can be dicussed when/if we ever get to speak to the doctor,have given her till Friday of this week to respond by which time the complaint forms will be with us and filled in should she fail to do so.

Will keep you up to date if and thanks again for all of your help some of which was quoted in the letter.

Tracym

Hi, just one detail - send registered, not just proof of delivery. That way they have to sign for it. That is the one that has the legal punch.

loopylorns

yep will do-many thanks.

loopylorns

Ment to add that yesterday the receptionist told hubby that EVERY-ONE has deductables!

So if she thought this then why on our first visit did she tell us all we paid would be refunded? HMM. She on a further visit convinced hubby to get the girls injected with flu shots again telling him all our costs would be refunded.

She was taken aback when he told her we have no deductables for using a member as she had told us they were.

She is digging herself into a deeper hole as the days go on!

Tracym

Sure is. The only thing, is whether you can prove it. Telling you both things at least helps.

By the way - were you just giving the doctor until THIS friday? Just wondering if the mail is fast enough, registered can take a little longer. I might suggest that you give him a few days.

Just remembered, I think, the reason for registered and regular. If they refuse to sign for the registered, can't claim they didn't get it, since you sent regular mail too.

If she signs for it, and doesn't give it to the doctor, you'll basically have proof of that, and I can't imagine the doctor would be pleased.

Good luck, keep us posted.

loopylorns

Tracy,

we have a few letters from her with other mistakes on for example :

1) letter dated 16th feb 07 stating as of march $15 will be added to each outstanding acount.

2)letter dated 19th March listing above said charges but also added for FEb !!!!


On letter dated 19th March also says :

After numerous attempts to contact you by telephone (without a return call)
I am enclosing the $15 monthly handling charges as discussed with you.

HMMM point one, only one call received that I know of (we were in UK and had answer machine message on return). Hubby called her following our return.

Point 2 if he did not call her how could they have had discussion on the charges?????

point 3 charges added for Feb as well as March despite first letter.

I think she wrote this letter in such a manner as to documentate it for purpose of collection agency but does not realise her mistakes in this let alone the other stuff.

This alone to me tells she is not doing her job correctly.

Now to reflect from the fact she told us they were health net members she is claiming every one has deductables but like I said if she thought that how come she said we would get it back, I consider this gaining monies by deception.

I feel bad for our friends they have used these doctors for quite some time now and have been brought into this by this receptionist who clearly does not understand her own job.

Tracym

lol that is funny, discussed it with you without you returning a call. Telepathic communication maybe?

I totally agree, she's an idiot. Just worried about proof. Contemporaneous notes (notes kept at the time) do have some weight.

Those other errors of hers probably don't really matter in the big scheme of proof, I can see why they are annoying though.

The other point in your favor, if you have no deductible, why would you be so silly as to purposely use someone where you'd have to pay? And the fact that you asked if they were members indicates you were aware of that.

Often businesses will give in, if the amount of money is not worth the amount of hassle they are going to get, when the realise you are not going to just go away.

Yes, poor friends. Not their fault of course, I'm sure they never expected such a problem. I would suggest they tell said receptionist that they do not intend to discuss the matter with her, it is improper.

I do have some small hope that the doctor is ethical, and will respond favourably.

loopylorns

Quote:The other point in your favor, if you have no deductible, why would you be so silly as to purposely use someone where you'd have to pay? And the fact that you asked if they were members indicates you were aware of that.



Yes this is the whole point, who on earth would choose to give $2000 away on deductables when they could be treated for just the co-pay.

A point made to her by hubby yesterday to which she replied "well we have healthnet members and their bills are paid".

Perhaps those CHOOse to use her and pay these deductables I dont know or care as she was told by hubby,but I do know I would not choose to do so, I dont have money to burn!.