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The Most Outrageous HIPAA Release - from Angie's List

September 14, 2010

by Jeff Segal

Categories Risk Management

Most of you know Angie's List as a consumer rating site. They launched as a web portal, rating assorted service providers such as roofers and plumbers. Believing that the practice of medicine is little different than roofing and plumbing, they dipped a toe into rating doctors.

One of our beefs with their system is that doctors are foreclosed from responding to outrageous posts. The reason: federal and state privacy laws. Whereas roofers and plumbers can tell their side of the story, doctors cannot.

Angie's List has doubled down by offering a service to resolve complaints patients may have with their doctors. This is where the most outrageous HIPAA Release emerges. In an effort "to be fair," Angie's List appears to require the full medical record to make its determination. Do you think they have experts from the specialty in question deliberating over the material?

You be the judge. Here's what at least one member was asked to sign to receive their mediation help.

[My doctor] is hereby authorized to discuss and disclose all protected health information about me in its possession (whether in oral, written, or electronic form) to Angie's List...

I understand that this includes routine medical treatment information (such as admission records, doctors order sheets, progress and notes, surgical records, laboratory records, and office notes)...

[My doctor is authorized to send] records relating to communicable diseases - which may include hepatitis, sexually-transmitted diseases, H.I.V. and AIDS...

[My signature also authorizes my doctor] sending records relating to drug or alcohol abuse, or drug or alcohol related diseases (whether or not covered by 42 C.F.R. Part 2), and psychiatric, psychological or counseling records...

And here's the kicker:

I understand that information that I provide to Angie's List or information that is used or disclosed in accordance with this Authorization may be used by Angie's List to provide content for Angie's List publications such as magazines, websites, or other works...

Angie's List is asking patients to provide all records, including their status as HIV positive, a history of psychotic break, and before and after pictures of their facelift, to resolve a consumer complaint. Not to miss a marketing opportunity, Angie's List demands the patient grant permission to use this information as Angie's List sees fit - including potential posting on their web site and magazine.

You be the judge. Does this sound like a useful "consumer" service or an abusive, shameless marketing operation. Let's hear from you. Want our humble opinion? Visit http://www.xtranormal.com/watch/7045233/ then press the arrow to start the video animation.

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About the Author

Jeff Segal
Chief Executive Officer and Founder
Medical Justice
Greensboro, NC
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