Thousands of people are turning to bankruptcy as a solution to their impending financial crisis. There are several reasons for the increasing number of bankruptcies being filed in this country, including the turbulent economic times and the rise of unemployment. The number one cause of bankruptcies in the U.S., however, is overwhelming medical bills.
No matter what occurred to cause you to owe medical bills, you were probably confident that the records of your illnesses, injuries, treatments and medications were private. The Health Insurance Portability and Accountability Act (HIPAA) requires that your medical records be kept private. Unfortunately, it has come to light that when some people file bankruptcy those records can be revealed. Much of your private medical history can be exposed in public records.
Medical Records, Privacy Rights, and Bankruptcy
There is now a class action law suit preparing to be heard in a Wisconsin court because a health care provider routinely included patients’ specific medical information when it filed proofs of claims against debtors. Those claims become part of the public bankruptcy record for each bankruptcy petitioner.
If that happened to you, it would mean anyone who cares to take the time and trouble can go in and find out exactly what illnesses or injuries you’ve been treated for, what medications you are taking and other medical facts. If back injuries or other problems are discovered by potential employers, it could mean the difference between getting the job and losing it. Other medical information could prove highly embarrassing if it’s discovered by certain people.
Most dangerous of all, however, is the fact that those records include personal information like your address, date of birth and social security number. Identify theft becomes a very real threat.
Could it Happen to You?
What is the likelihood that this could happen to you? Realistically, the chances are slim that your bankruptcy records would ever be seen by anyone than the lawyers, the judge and the bankruptcy trustee involved in your case. Even though the danger is slim, however, it is lurking. So is there any way to protect yourself from having this kind of situation arise in your own bankruptcy proceedings?
This scenario is just one reason to turn to a Minnesota bankruptcy attorney to help you protect your rights and guide you through the bankruptcy experience. S/He will keep your interests a top priority and take the necessary precautions to make sure your rights are not violated. Minnesota bankruptcy law and federal bankruptcy laws are complex and frequently changing. By seeking the advice and counsel of a Minnesota bankruptcy lawyer, you will be taking every possible step to make your bankruptcy procedure remain as problem-free as possible.