Legal Question in Legal Ethics in Georgia
Insurance company gave out my private information
My dental insurance company gave information regarding the status of my claims to my ex-husband who is not currently, and has never been, insured by me through this particular insurance company. When I called the company to question their policy on giving out information over the phone, the response was that since the person who called in had access to my social security number, my name and the name of my employer, they assumed it was a valid call and gave out the information. No one can explain why an adult male was provided with information on a policy that covers a female and two minor children. My question is, what are my rights as an insurance customer? The damage to me is: my ex-husband is using this financial information against me in our personal disagreements about money. The information he received from my insurance company has created more strife between us and is going to result in his refusal to pay me money that I am rightfully owed.
1 Answer from Attorneys
Re: Insurance company gave out my private information
Georgia law protects the medical records of its citizens. The law prohibits a health insurer from unauthorized disclosure of medical records. You have not given enough information about what the insurance company disclosed in order to determine if the information is covered by the law. In addition, there are many exceptions to this law; however, disclosure to a former spouse is not one of them.
An insurance company that discloses information in violation of the law can be held liable for damages sustained by the individual about whom the information relates. The monetary award, however, may not exceed the actual damages sustained by the individual as a result of a violation of the law. The court may award the cost of the action and reasonable attorney's fees to the prevailing party. A lawsuit under this law must be filed within two years from the date the alleged violation is or should have been discovered.
While you didn't ask about it, it is against the law, a misdemeanor, for any person to knowingly and willfully obtain information about an individual from an insurance company under false pretenses.
This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.
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