Is it legal for health insurance to send an ex-husband my health insurance cards, without my knowing about it?

my ex-husband had his girlfriend call masshealth for my health insurance cards, and masshealth sent the cards to their address with my name on the address, and i was not even notified. is this legal, or do i have a hippa case?

we were seperated in 2002, and i let my insurance know to take him off. so.. he has been off of my insurance, for 4 years. and the address he gave my insurance, was his girlfriends home, which i have never lived at.

No i don't think so. Because he can do things that you wouldn't want him to.

It is not legal. That's really messed up.

if they didn't actually give out health record information though I don't know that it's a HIPAA case.

http://www.hhs.gov/ocr/hipaa/

call the HIPAA toll-free number at (866) 627-7748.

The HIPAA Privacy Rule for the first time creates national standards to protect individuals鈥?medical records and other personal health information.



- It gives patients more control over their health information.

- It sets boundaries on the use and release of health records.

- It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information.

- It holds violators accountable, with civil and criminal penalties that can be imposed if they violate patients鈥?privacy rights.

- And it strikes a balance when public responsibility supports disclosure of some forms of data 鈥?for example, to protect public health.

For patients 鈥?it means being able to make informed choices when seeking care and reimbursement for care based on how personal health information may be used.

- It enables patients to find out how their information may be used, and about certain disclosures of their information that have been made.

- It generally limits release of information to the minimum reasonably needed for the purpose of the disclosure.

- It generally gives patients the right to examine and obtain a copy of their own health records and request corrections.

- It empowers individuals to control certain uses and disclosures of their health information.

You should have called your insurance and had him taken off when your divorce was final. I would contact them and have him taken off immediately and have your insurance number changed so the girlfriend can't use it, just in case.

A health insurance company can send ID cards to your ex-husband, if you failed to notify Mass Health that you are no longer on his health insurance coverage or plan. If you also failed to notify Mass Health of your new address after leaving your ex-husband, then he could have the ID cards sent to his home, especially if he is the primary insured. If you, however, are the primary insured on the coverage and you let Mass Health know to take your ex-husband off the coverage when you separated, along with giving Mass Health your new mailing address, you should have standing for a lawsuit if what you allege is true. You should still contact an attorney who specializes in health privacy issues and get a professional opinion of your situation, IMHO.