Expert: Ray A Miller - 12/15/2008

Question
QUESTION: Recently i have acquired my mothers home, yet the utilities bills are still in her name, she had fallen behind on her water bill, and the service was terminated. I placed a phone call to the dept. that dealt with the reconnection of services, asking what to do... the rep gave me specific account details such as last payment, current balance, and how much would need to be paid to get services re-instated. When i told her that wouldn't be a problem she informed me that without the acct holders authorization she wouldn't be able to restore the water. I could understand fully why she couldn't restore with auth. Is this an example of 3rd party disclosure?

ANSWER: Since it appears you are the executrix of the estate, no this would not be 3rd party nor a HIPAA violation.  Had you been, it possible would have.  I assume you told her you were, or if you live in a small town like I do, she already knew.  You have my sincere sympathy for your mother's passing.

---------- FOLLOW-UP ----------

QUESTION: The only thing is... she just moved out of state. she hadn't passed away. And all i had said to the lady was that my mother was on a trip out of town. She probed for the payment from me and advised me that my mother would need to call in order to restore services.

ANSWER: I am so sorry and am not at the same time; I misread the question and apologize. This certainly is a breach of confidentiality, you should immediately notify this clerk's supervisor.  The next question:  Does your mother have a cause for action?  Probably not since no medical information was released but I certainly would report this to the Attorney General of your State and see if your mother has cause for action.  I would also report this to the BBB and the Department of Consumer Affairs.  Call the Water Company first; they will probably waive some of the charges to avoid this trouble.  If you give me the state in which this happened, I will be glad to look this contact information up for you.

Again, I apologize for misreading the question and am glad your mother is OK.  If I were charging for this advice, I would waive the fee! Happy Holidays.

---------- FOLLOW-UP ----------

QUESTION: Its definitely not a problem, the misinterpretation was understandable. I'm in Arizona. My mom did give authorization after the fact, but the clerk did give me the information before receiving authorization.

Answer
They should be reported because one's privacy is important and the clerk should know better.  By reporting them to Consumer Affairs, you will be helping prevent this from happening to the next person.

I hope you have a Happy Holiday Season and a Merry Christmas!