Clearing Your Medical Record After Identity Theft in Alabama

When most people think of identity theft in Alabama, they picture stolen credit cards or drained bank accounts. However, medical identity theft is a growing and significantly more dangerous crime. This occurs when someone uses your name, Social Security Number, or health insurance information to receive medical treatment, obtain prescription drugs, or bill insurance for fake services. If you live in Birmingham, Huntsville, or anywhere else in the state, falling victim to this crime can literally become a matter of life and death.

When a thief uses your identity, their medical history becomes mixed with yours. This "mixed medical record" can lead to deadly consequences if an ER doctor in Mobile treats you based on the thief's blood type, allergies, or chronic conditions. In Alabama, medical identity theft is prosecuted under general identity theft laws like Alabama Code § 13A-8-192. If you are struggling to clear your medical name, finding a qualified attorney in our US Lawyers Directory can help you enforce your federal HIPAA rights to fix your records.

The Dangers of a Mixed Medical Record

A mixed file does not just hurt your credit score; it threatens your physical safety and health insurance limits. Here are the most common ways medical identity theft happens in Alabama.

ER Visits and Unpaid Bills

Thieves without insurance often present stolen IDs or simply give your name and SSN at a hospital emergency room in Tuscaloosa or Montgomery. Under federal law, emergency rooms must stabilize patients regardless of their ability to pay. After the thief is discharged, the hospital sends the exorbitant bill to you. If left unpaid, these bills quickly go to collections, ruining your credit, while the thief's medical history (such as diabetes or heart conditions) is permanently added to your local hospital file.

Prescription Drug Fraud and Opioid Misfills

Alabama has strict regulations regarding controlled substances, but addicts and dealers still find ways to use stolen identities to obtain highly addictive drugs like opioids. If someone uses your identity at a pharmacy in Dothan or Auburn, your medical record will falsely show a history of heavy narcotic use. This can result in you being denied legitimate pain medication in the future because doctors may view your file and wrongly label you as a drug seeker.

Disputing Claims with Blue Cross Blue Shield of Alabama

Many Alabama residents rely on Blue Cross Blue Shield of Alabama (BCBS AL) for health coverage. If an identity thief maxes out your insurance benefits on expensive surgeries or medical equipment, your legitimate claims will be denied due to "exhausted benefits." Disputing these claims requires immediate action. You must contact BCBS AL's fraud department, file a police report, and carefully comb through your Explanation of Benefits (EOB) statements to flag every fraudulent charge.

Using Your HIPAA Rights to Correct Errors in Alabama

The federal Health Insurance Portability and Accountability Act (HIPAA) grants you specific rights to protect and correct your medical information. You are not at the mercy of the hospital's billing department.

Under HIPAA, you have the right to review your medical records and demand corrections. If you discover that a hospital in Birmingham has merged your file with an identity thief, you must submit a HIPAA Request for Amendment of Health Information. The healthcare provider generally has 60 days to respond to your request. If they agree the information is fraudulent, they must amend your record. If they deny your request, you have the right to add a formal statement of disagreement to your medical file.

Steps to Fix Your Medical File

Fixing medical identity theft is a tedious process, but skipping steps can leave dangerous medical errors in your file. Follow these steps carefully:

1. Get Copies of Your Records: Contact every hospital, clinic, and pharmacy where the thief used your name. You may need to pay a small fee for copies.
2. File a Police Report: You must report the crime to your local police or the Alabama Law Enforcement Agency Montgomery. A police report proves you are a victim, not just someone trying to avoid paying a bill.
3. Report to the FTC: Submit a complaint at IdentityTheft.gov to generate an official Identity Theft Report.
4. Demand Corrections: Send a written request via certified mail to the medical providers, including your police report and the specific records that need to be removed. Keep copies of everything.
5. Notify Your Insurer: Send a copy of the police report to your health insurance provider's fraud department to reverse the fraudulent claims.

Frequently Asked Questions (FAQ)