Expert: Ron Cercone - 5/29/2009

Question
Hi Ron,
10 years ago, I was a pedestrian in a MVA. I was hit from behind and had NUMEROUS injuries and over the course of the past 10 years have had multiple surgeries. The latest being a total knee replacement in 2008. Since Michigan is a No Fault State, my insurance company AAA Michigan has covered all of the bills including Home Health Care etc. Just last month, my claim was taken out of the hands of my claims adjuster that I have had for 7 years and sent to what is called a Medical Management Unit. Since then, no bills are being paid and one is in collections! Also, my Home Health Care Provider entered into an agreement with AAA to be paid two weeks in advance and pick up her check at the AAA office. This was because of the out of pocket expenses that she incurred for me. They now state that they will no longer honor that agreement either. In closing, they want me to sign a HIPAA Authorization for Medical Information that I have NO problem doing with the exception of the following statement; "I understand that once information is disclosed it may be subject to redisclosure and no longer protected by the HIPAA Privacy Rule". I am VERY uncomfortable with this! My claim was being handled just fine and I have had very few issues with AAA up until this. Please advise if I am within my rights to demand that they keep their agreement with my Home Health Care Provider and that I ask that the section of the HIPAA Authorization be removed.
Thank You,
Daniel Purcell

Answer
Daniel,

Upon re reading your question, I can offer a little advice. Draw a line through the clause you don't like, and initial the change. Then sign the document and see if they don't return it. And make a photocopy of the document with your changes.

See if your original policy had any time limitations or other ways for them to get out of their obligations. Consider an attorney consultation.