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Opening Mail With Someone Else's Name

On Lawyer & Legal » criminal law & procedure

8,260 words with 9 Comments; publish: Wed, 17 Oct 2007 17:10:00 GMT; (800250.00, « »)

I'm curious if someone can really get in trouble if they open mail that doesn't have there name on it?

Are you supposed to send it back to the sender and can you get in trouble for throwing it away {if that's what the person claims they did}

I have proof that mail with my husbands name from our insurance company has been going to his ex-wifes address. I found out from the "online version" of the bill...only thing is they are not getting forwarded back or forwarded to us. Can she get in trouble?

ETA - They are using her address because thats what she is using as billing claim address when she takes child to the doctor ....so then the claim is getting sent to her address with my husbands name clearly spelled out

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  • 9 Comments
    • She's authorized to use the insurance. The correspondence pertains to that authorized use. If he wants all of the insurance correspondence to come to him, and for his to be the only billing address, he can take that up with the custody court. She's authorized to remove mail from her own mailbox, and that's the point where the USPS stops caring what happens to your mail.

      Trying to orchestrate a petty and ultimately doomed plot to prosecute her for opening correspondence pertaining to her children's health care? I think you can find a better use for your time.

      #1; Fri, 19 Oct 2007 15:03:00 GMT
    • Quoting
      The mail is going to her address because she is authorized to use the health insurance. If your husband wants her to use his address as the billing address, he can talk to her about that.
      So that means she is authorized open mail with his name on it. It is his insurance and only the child uses it, when she visits the pediatrician our insurance sends the EOB to the address that the pediatrician office has on their claim. We don't think she should be opening it and it should be forwarded to us or back to the insurance company
      #2; Fri, 19 Oct 2007 14:33:00 GMT
    • Quoting
      So that means she is authorized open mail with his name on it. It is his insurance and only the child uses it, when she visits the pediatrician our insurance sends the EOB to the address that the pediatrician office has on their claim. We don't think she should be opening it and it should be forwarded to us or back to the insurance company
      You need to be speaking to YOUR insurance company. There is no reason YOUR insurance company should be sending the EOBs to your ex.
      #3; Fri, 19 Oct 2007 15:52:00 GMT
    • Quoting
      How would the mother have any rights to this info? The only reasoning I can see that would give such rights would be if the mother were required to pay part of the non-covered costs. There was nothing stated to cause this to be considered.
      The insurance covered her child. It is also possible that the insurance also covers her. I can think of a number of reasons why she might have a right to the info. And even if she HAS no right to it, so what? Without damages, do you really think that the US Attorney is going to waste ANY time on this one? I have dealt with US Attorneys and I can safely say this would not even cross their desk unless you added some kind of mail fraud to it.

      Quote:
      I would think that depending on what info was sent, there could be a HIPAA violation should any info other than the childs be included in those mailings.
      Doubtful. Besides, if the medical info was sent to the husband's listed address, then they did not violate HIPAA by sending it to where he directed them to.

      This is a whole lot o' nothin'.

      - Carl

      #4; Fri, 19 Oct 2007 20:17:00 GMT
    • Quote:
      So, without some form of damage or other crime occurring as a result of her opening the mail, I don't see that there is a case for anything here. Your hubbie needs to get his insurance mail redirected if he does not want her getting that mail. Arguably, the ex has a right to see this information anyway.
      How would the mother have any rights to this info? The only reasoning I can see that would give such rights would be if the mother were required to pay part of the non-covered costs. There was nothing stated to cause this to be considered.

      I would think that depending on what info was sent, there could be a HIPAA violation should any info other than the childs be included in those mailings.

      as well, I believe there is a violation of law when opening the mail.

      Quote:
      Title 18-Part 1-Chapter 83-1703 states in part that "Whoever, without the authority opens or destroys any mail or newspaper package not directed to him shall be fined under this title or imprisoned not more than one year or both."
      granted that is a Wiki quote and I have not confirmed the authenticity of the cite.

      I will agree that this is probably an attempt to cause problems for the ex.

      #5; Fri, 19 Oct 2007 19:32:00 GMT
    • The mail is going to her address because she is authorized to use the health insurance. If your husband wants her to use his address as the billing address, he can talk to her about that.
      #6; Fri, 19 Oct 2007 08:27:00 GMT
    • No, we just feel it's none of her business what our insurance payed and/or what we owe. We have brought it up to the attention of our insurance company and even though we have the childs address as ours on our papers whatever address she chooses to give to the doctors is where the EOB are going. We were just wondering if she could get in trouble for this, previously we brought this up to the judge, as we weren't getting our bills from insurance because they were going to her address and the judge told her not to open our mail, not on paper, just verbally...and that was the extent of that. However, it has been 9 months and we still never get bills unless we go online and check to see if the child has been to the doctor, because we never know if/when she has because we live a few states over and don't communicate with the ex
      #7; Fri, 19 Oct 2007 19:57:00 GMT
    • Have you or your husband been harmed by her opening this mail? Are there any damages or concerns of fraud that have arisen as a result of the ex opening the mail?

      If not, then there is almost NO chance of the police or the feds getting involved even IF some statute can be found to cover this. I believe that the feds' involvement ends when the mail is delivered to the address where it was sent ... I haven't looked recently, but I seem to recall there being no federal violation for opening someone else's mail.

      And at least in my state, I cannot think of a state charge for opening mail addressed to someone else.

      So, without some form of damage or other crime occurring as a result of her opening the mail, I don't see that there is a case for anything here. Your hubbie needs to get his insurance mail redirected if he does not want her getting that mail. Arguably, the ex has a right to see this information anyway.

      As Mr. Knowitall said, this has all the earmarks of some kind of attempt to exact retribution in a petty manner ... it won't fly.

      - Carl

      #8; Fri, 19 Oct 2007 19:12:00 GMT
    • I still think you need to deal with your insurance company.

      It is your policy and nobody has rightful access to that info absent a court order. Your insurance company should be sending info regarding your insurance to only you.

      Time to get the whoop ass stick out and have a conversation with the insurance company.

      #9; Fri, 19 Oct 2007 20:10:00 GMT