Negligent Insurance Company?

I recently switched over to a new health insurance provider and have run into a problem. I got a call today from a lady almost 200 miles away saying she received my medical benefits information "welcome packet", addressed to HER. She apparently applied for a policy around the same time and she hadn't received her policy information either. It seems like the insurance company stuffed my stuff into the wrong envelope. This wouldn't be a problem if the contents didn't contain basically everything in the world a person would need to steal my identity (name, address, phone, SSN #, height, weight, medical history, pre-existing conditions, etc). Basically everything except the color of my cat. Not only does this scare the heck out of me, but it also makes me absolutely disgusted and infuriated.

I would imagine some of this falls into the category of a HIPAA violation. But, what about the apparent negligence of whoever stuffed this envelope containing my entire docket of personal info?

negligence consists simply of 1) duty of care; 2) breach of that duty; and 3) damages resulting from the breach...

obviously, you would hope that no damage results from the mishandling of your private information...but............

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