Is it a HIPAA violation if my insurance provider force me to go to a lab if I have concerns about my privacy?

Question

I work for a hospital and the my insurance provider is forcing me to have lab work (a semen analysis for infertility) performed in the hospital, by practitioners I know. I believe this is a very sensitive and private procedure that I am not comfortable doing with people I see on a daily basis standing outside the door. I could bring the sample from home to the hospital but I live over an hour from my job and according to my physician, the sample needs to be analyzed within the first hour for best results. My insurance company, which icidentally is owned by the hospital I work for, denied my request to have the lab work performed by another lab. I also know that the hospital I work for has a history of terminating employees they have inappropriately accessed the medical information of patients they knew. Given this history, I am not very comfortable having this procedure done knowing that there is a good chance that my medical information may be accessed for inappropriate reasons.

Answer 1

Given where you work, this would be a breach of your HIPAA confidentiality. Formally write a letter to your insurance carrier and send it CERTIFIED MAIL. Adivse them that you are uncomfortable having this procedure done at your place of employment and insist that another lab be utilized -- go so far as to allow them to designate a second lab. Also, let them know if they refuse to do so, you will file a formal HIPAA complaint. This should be enough to get them to allow you to go elsewhere. If not, please send me an e-mail and I'd be happy to assist you. I deal with HIPAA issues every day and have given several seminars on same. Good luck.

Answer 2

Sounds like Them to force you to go there isn't in and of itself a violation, but violations are occurring way too often there. Doesn't sound like there is alot you can do about it if you want your insurance to pay for the test. If you hear anything about the test at your job, Then HIPPAA has been violated and you need to call someone at your companies HIPPAA office and file a complaint. Make sure you know exactly who you need to file it with before you give the sample!

Answer 3

I don't know if this is a valid request by your employer or if it is considered a privacy issue under HIPAA. I suggest you speak with your union rep. You don't have to give the rep all the intimate details. Just ask if you can use another lab to perform the tests w/o a cost to you.

Answer 4

Thousands of people have this procedure done. It does not seem to be an issue of a HIPPAA violation. It sounds like you are just nervous and uncomfortable, understood because it is where you are employed. Only more reason to make certain your records are kept accurate, secure and private. That IS your right........

Answer 5

It only becomes a HIPAA violation if your privacy is violated. Your insurance company has the right to ask you to have the test done in one of their contracted facilities. You have the right to have it done at your own expense in another facility if you so choose.