Legal Question in Health Care Law in Massachusetts

My mail order pharmacy sent my prescriptions to the incorrect address. I called them and they told me where they sent my drugs, I told them I would go that address and see if I could get them back, but would they START the process to reship just in case. I was able to get my prescriptions from the incorrect address, and never called the pharmacy back, problem solved...so I thought.

Two weeks later, a second shipment of ALL my prescriptions arrived, along with a $1000 bill, since insurance would not cover the second order, within such a short time period.

I disputed the bill, claiming that a) I never stated "ship me the medication" b) it was their fault for shipping to the incorrect address in the first place.

I was told that they have a recording of the conversation in which I stated to ship me the medication and if I didnt need it I would call back. I dont believe that there is a recording.

My question is 1) it is illegal in MA to record a phone call without my consent ( I was not told I was being recorded, I did not consent) but the pharmacy is located in OH..who prevails? ( I called again twice, was on hold for over 20 minutes, and there was no message of "this phone call may be recorded for..") in addition I had to specifically ask the rep if I was being recorded, and when I told her I was in MA where it is illegal to do that, she stated she was in OH where it is legal.....

2) Is it legal under HIPAA to record calls that reference personal health information and/or use those calls in a public forum such as a courtroom- would this call be admissable in a civil suit?

3) I am shocked that they were able to ship out 6 PSYCH meds without first obtaining a second prescription..which would mean they had to call my physician and obtain a second Rx without even telling me...

4) Is there anything that I can do short of having my attorney begin a civil suit to go through discovery to obtain the recording of that phone call?

I know exactly what was said in that phone call, I never stated that I wanted the drugs re-shipped, I merely asked the rep to look into the process. I believe that they are calling in my bluff in stating that the call was recorded, and also as to what was said.

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