I owned a medical clinic. The bank that held our operating loan called the note. Our collateral was the A/R and property inside the bldg. My problem is the A/R and the equipment with memory containing PHI. The bank is refusing to sign a BAA and is trying via District Court to take possession of the items containing PHI. I am refusing but I may end up with no choice unless I want to go to jail. What can I do?

First of all we are sorry to hear of your situation. We do not provide legal advise and strongly recommend that you consult with your attorney. Nothing that we say should be considered in any way as providing legal advise as we aren't lawyers and we have no authority in this matter.

In the event that an entity refuses to sign a BAA, the Privacy Rule reads that the covered entity must disengage services of the third party,or, if that is not possible, the matter must be reported to the Dept of HHS. This is the escalation procedure that is outlined.

The HIPAA Wizard provides basic information for guidance only. Since the application and impact of laws can vary widely based on the specific facts involved, the information provided should not be interpreted as a recommendation for a specific plan or course of action. The Medical Banking Project does not render specific legal, accounting, tax, or other professional advice. Before making any decision or taking any action, we strongly recommend consultation with an attorney or other professional. The Medical Banking Project, its owners, employees, consultants, affiliates, or subsidiaries, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with use of, or reliance on, the information provided.

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