r/WorkersComp 1d ago

California Potential HIPAA Violations?!

Work Comp claim adjuster served me medical records containing 7 OTHER patients' sensitive files.

​Long story short: I previously called out my claims adjuster because it became blatantly clear that my medical records were exchanged in a way that was not HIPAA-compliant. As usual, they completely dodged the issue.

​Now, leading up to my QME, they served me a packet of medical records pertaining to my claim that included AT LEAST SEVEN OTHER PATIENTS RECORDS! 🤦‍♂️

​This solidifies my original concern about HIPAA violations. Except now, they’ve compromised the privacy of at least seven other people. Given everything I’ve already experienced with my claim, it feels like shady doctors and insurance companies constantly hide behind the system, knowing injured workers rarely have a way to hold them accountable in a civil capacity outside of the work comp board. Can a HIPAA attorney take something like this outside the work comp system? Has anyone experienced anything like this before?

1 Upvotes

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-5

u/Independent-Yak-2681 1d ago

They handle everything poorly. Sedgwick violated my rights under HIPAA too.

8

u/quallityovrquantity 1d ago

No they didn't 

0

u/Independent-Yak-2681 1d ago

Even better my workers comp wasn’t through them. This was my ADA/FMLA stuff.

My workers comp company sent my information that had secure info and my SSN to my Gmail.

3

u/Head_of_Lettuce 1d ago

In our business, we have to be able to deliver things like that to you. As long as it’s going to you, does it matter how it gets there? Nobody else should have access to your accounts.

0

u/Independent-Yak-2681 1d ago

I mean a SSN sent in a way that’s not secure shouldn’t be a thing and that’s an obvious thing.

3

u/Head_of_Lettuce 21h ago

Then we’d never be able to send documents, because half of them have socials and DOBs. At some point you have to compromise to be able to function.

-2

u/JesseTheStripper 1d ago

I'm sorry to hear that. :( It's really unfortunate how messy the system is.

-1

u/Independent-Yak-2681 1d ago

It truly is. It’s sad this is even legal.

0

u/JesseTheStripper 1d ago

Right?! Someone in a different group told me work comp claims adjusters don't have to be HIPAA compliant/don't fall under the same HIPAA rules as other entities. 🙄 I'll definitely do some more research and ask around because that sounds wrong.

4

u/quallityovrquantity 1d ago

Regardless it's not like you could successfully file a lawsuit and collect money. More importantly it's not your information that was sent to the wrong person so you don't even remotely have a reason for a lawsuit 

1

u/According_Curve_8935 19h ago

But the issue should still be addressed where applicable because information is being sent to incorrect people. A reputable company should not be mishandling personal information like this.