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Preston | Can my landlord access medical billing records without my consent? |
My new landlord works at a doctor's office. The day AFTER he cashed my first rent deposit/check, he searched for and found my name in the doctor's office records because he was "curious to see if I was a patient there." During his search he found a past-due bill in my name and confronted me on it. Since then, he has demanded that I pay the bill, said that it makes him worried that I won't pay my rent on time, and acts as if he wants me to move out.
My question is can he legally access my medical billing records for personal-business purposes? No opinions, please, just facts.
Additional Details
I don't know if it matters, but I did not sign any kind of consent form during the application or lease-signing process. |
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joe
|
He cant if you cut out his eyes and break his arms. |
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Tasha
|
No without your knowledge he cannot access those papers legaly but yes its possible to illegaly |
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cowgrl
 |
He should be fired- what he did is both illegal and unethical. The doctor he works for can also get in trouble for this.
As many have already suggested, call the doctor's office ASAP and tell them what happened. Your landlord should get fired (whether not not he actually will is up to the business owner, although it is very bad practice to keep an employee who violates HIPAA standards). If your landlord has any certificates (nursing, phlebotomy, etc), they should get yanked, as well.
HIPAA violations are a huge deal here. There is absolutely no excuse for anyone to access a patient's PHI (protected health information) for personal use. You should never look up a patient's records unless you need it to provide patient care, which was obviously not the intent of your landlord.
I would also suggest you move out ASAP. If you did not sign a lease, it should be fairly easy. Give notice as per your state's requirements and get the hell out of there. This is probably not the first time your landlord has done this, and he may very well wind up in jail soon. |
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Mary
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What he did is unlawful under federal privacy laws. I suggest you contact that medical office immediately, ask to speak to the person in charge of patient privacy, and TELL what happened!
Beyond that, however, I suggest you move, since he is NOT going to be happy about being in trouble at work, and has already shown that he has no respect for privacy. In the event you have a lease and he gets snippy about it, tell him you will see him in court and be sure that the feds are there since he violated federal law in accessing your medical records information, and the local news media. |
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Starlight
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No, he cannot access your records for personal reasons or use that information for any purpose outside of your medical care. Call the doctor's office and ask to speak with the HIPAA Privacy Officer. Every medical practice is required to have one. Explain the situation and tell them you want to file a formal complaint against the employee. If the Privacy Officer does not help, or if it happens to be the same guy that accessed your records, then go the website for the US Department of Health and Human Resources (hhs.gov). On the site you will find the procedures for filing a formal HIPAA complaint with the HHS, the oversight agency for HIPAA privacy. |
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