It has always been my understanding that HIPAA-covered entities have to honor 45 CFR 164.522, Patient Right to Confidentiality in Communications. In other words, patients have the right to request not to be recorded with their PII or their PHI on a physician, hospital, or health insurance provider’s phone lines. With AI now utilized in phone and scheduling systems, the right to private communications becomes even more important, especially since there are no updated HIPAA laws with regard to AI usage and patient privacy.
Here is my question: My mother-in-law’s FEHB plan will usually honor her request not to have her phone calls recorded…except for Capital BC/BS. The Capital BC/BC Federal plan claims they have the right to have a third-party listen in to any phone call…when their customer requests a return on a non-recorded phone line. They take days to return my mother-in-law’s phone calls and have compromised her physical health because of their failure to respond timely, even when her situation was urgent and she needed a referral from a BC/BS nurse to go to the ER.
When Capital BC/BS does return her calls, they insist upon using Microsoft Teams, which is not automatically HIPAA-compliant (but can be made so is my understanding), and then, they want to have a “babysitter” on the phone call, i.e., some insurance company employee who types or transcribes every word she says. My mother-in-law is furious about this state of affairs and refuses to discuss her female health issues with some 3rd party insurance person listening in. She just wants to be able to talk with her assigned case manager, who is a nurse. I don’t blame her for not wanting to share the gory details with an insurance employee vs. just a clinical case manager.
When we question this state of affairs, Capital BC/BS repeatedly insists that they are not violating HIPAA law. The OPM FEHB insurance office also claims that the company can do “whatever it wants to protect its business interests,” and OPM says they do not care about any state’s privacy laws. Capital BC/BS is located in PA, which is a 2-party consent state in terms of phone recording/wiretapping.
However, Capital BC claims it is not violating any PA wiretapping laws either. The PA Insurance Commissioner’s office has expressed disagreement with this claim. But employees in the State Attorney General’s office say they don’t know if PA wiretapping laws apply here, since the health plan, itself, is a Federal employee health plan. My mother-in-law is not old enough for Medicare, so Medicare does not apply.
Are there any Federal attorneys, Federal employees, or even PA attorneys on this sub who might be able to help provide guidance here or suggestions for how to get Capital BC/BS to honor both PA wiretapping laws and 45 CFR 164.522, the Patient Right to Confidentiality in Communications? Every other FEP health insurer in these parts seems to recognize and honor 45 CFR. They return her calls on a HIPAA-compliant, non-recorded phone line, and usually within just a few minutes to hours. There is never any “babysitter” on the phone with them. It is only Capital Blue Cross that seems to operate differently, but aren’t FEHB BC/BS plans supposed to be administered in exactly the same way, across the country?