My Hippa Progress

[Why Chat]

I gave the security dept a call and what a blast that was, they were totally uninterested and transferred me around. When I finally got someone that would talk to me they asked to whom the money order envelope was addressed to and when I said the Hippa Compliance office she said that I should talk to them but they left at 4pm for the day.

When I looked on their site I did see a direct phone # for the Hippa dept as well as an email address. I don't know that I want to talk them them, at least not over the phone as I don't don't want to say anything that could damage this process. What now?

There would be no damage to the process if you call them. Be simple and straightforward and state that they received money that has not been deposited or returned to you and you want to bring it to their attention as it may have been misappropriated.

[sennico]

Gave them a call back and Im not super confident about the people Im dealing with. Anyway they basically said they would research the account and get back to me.

 

Assuming that this phone call doesn't get me anywhere it looks like in digging through older threads their is a letter that can go out to OCs after 60 days of not cashing the check. Would this be the next course of action if i don't get a response in the next two weeks?

[sennico]

bump, going on 51 days and nothing happening on this insert A payment to Tenet. is there anything I can send them?

[Why Chat]

bump, going on 51 days and nothing happening on this insert A payment to Tenet. is there anything I can send them?

Well, you can do the follow up letters:

 

The instructions are posted following insert "c", and although the instructions say to wait until the check has been deposited you DO have proof of receipt, which is just as good.

[sennico]

Thanks I'll start the followup letters with these guys.

[sennico]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

Go ahead with the HIPAA complaint against the OC, or file a complaint against Ex, or both. Ok, Ill wait out the remainder of the 10 days then file.

 

I presume you had PROOF that the reporting CA and the OC were in a CURRENT business relationship before you paid the OC?? If they were not in a current business relationship they had NO way of getting the CA to delete. Yea I did have proof of a currrent relationship. The CA provided me with copies of invoices that were faxed shortly before to them by the OC.

 

Double check your Ex report ( back door) before doing anything else.

Also, if Ex is the ONLY CRA reporting you can file an FTC complaint against them. I filed an FTC complaint on your advice back in Dec. At that point the other CRAs had deleted these accounts and only EX refused to. The CA finally responded with the proof of a current relationship from the DV letters sent months before. Thats when I went down the Insert A path.My previous FTC complaint was on the grounds that EQ/TU properly investigated and deleted and EX refused to do so. Would I file an additional complaint now about the HIPPA violation to the FTC? (i understand that above im filing with the OCR)

http://whychat.5u.co...paaftccomp.html

No, you probably won't have much success with the HIPAA complaint either as it is Experian ( AKA "THE DEVIL") that is the problem. However, you can TRY this: ( I haven't suggested it before, but with the new legislation pending in Congress to regulate CAs and CRAs it may have some effect)

 

Send this to the reporting CA and to Experian:( Include BOTH the CA and Experian headers in BOTH letters)

 

Your full name

Address

City

State

Zip

Phone number

 

Date

 

Collection Agency HIPAA Compliance Dept. Account #xx

Address

 

 

Experian Compliance Dept. Report # xxxxx

Address

 

 

On (date) , I (or name of patient) was provided health services by (name of OC).

 

On or about (date of violation) and subsequent to 04/13/2003 Experian and( CA) communicated private health care information to one or more unauthorized parties without any permissible purpose under HIPAA privacy rules, and absent my signed authorization.

 

On 3 occasions Experian verified the entry of this unauthorized communication. They were the only Credit Reporting Agency to violate the privacy rules of HIPAA, the FCRA and FACTA.

 

Since there is NO balance due on this account, there is NO permitted business purpose under the HIPAA privacy rules.

 

This unauthorized dissemination of private health care information has been, and continues to be of great detriment to my welfare, and is a violation of the HIPAA privacy rules.

 

I will be entering a complaint against Experian and ( CA) with the OCR on the HIPAA privacy rules violation, the FTC on the violations of the FCRA and FACTA within 30 days from your receipt of this letter.

 

My complaints are my only recourse after exhausting all possible means of prevailing upon ( CA) and Experian to cease and desist the continued dissemination of private health information to unauthorized parties and after ( CA) and Experian has refused my requests to comply with the privacy rules of HIPAA.

 

I am also filing this complaint with the The Consumer Financial Protection Bureau (CFPB), The ( your State) Attorney General,and the BBB and reserve my right to file for damages in the Civil Courts.

 

Sincerely,

 

(PRINT your name on the copy that goes to the CA, SIGN it on the copy that goes to Ex.)

 

I havent received any letters from EX or the CA in the last 3 weeks. I did notice that the CA accounts showed pending disputes through the backdoor but not they are no longer in pending and the "reported date" hasn't changed. Im fairly confident that EX will be sending me a "this has been previously disputed" letter. Ill wait for the response to add to the paper train but what happens next on these 2? Do i actually file Hippa complaints against the OC, CA, and EX?

[Why Chat]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

Go ahead with the HIPAA complaint against the OC, or file a complaint against Ex, or both. Ok, Ill wait out the remainder of the 10 days then file.

 

I presume you had PROOF that the reporting CA and the OC were in a CURRENT business relationship before you paid the OC?? If they were not in a current business relationship they had NO way of getting the CA to delete. Yea I did have proof of a currrent relationship. The CA provided me with copies of invoices that were faxed shortly before to them by the OC.

 

Double check your Ex report ( back door) before doing anything else.

Also, if Ex is the ONLY CRA reporting you can file an FTC complaint against them. I filed an FTC complaint on your advice back in Dec. At that point the other CRAs had deleted these accounts and only EX refused to. The CA finally responded with the proof of a current relationship from the DV letters sent months before. Thats when I went down the Insert A path.My previous FTC complaint was on the grounds that EQ/TU properly investigated and deleted and EX refused to do so. Would I file an additional complaint now about the HIPPA violation to the FTC? (i understand that above im filing with the OCR)

http://whychat.5u.co...paaftccomp.html

No, you probably won't have much success with the HIPAA complaint either as it is Experian ( AKA "THE DEVIL") that is the problem. However, you can TRY this: ( I haven't suggested it before, but with the new legislation pending in Congress to regulate CAs and CRAs it may have some effect)

 

Send this to the reporting CA and to Experian:( Include BOTH the CA and Experian headers in BOTH letters)

 

Your full name

Address

City

State

Zip

Phone number

 

Date

 

Collection Agency HIPAA Compliance Dept. Account #xx

Address

 

 

Experian Compliance Dept. Report # xxxxx

Address

 

 

On (date) , I (or name of patient) was provided health services by (name of OC).

 

On or about (date of violation) and subsequent to 04/13/2003 Experian and( CA) communicated private health care information to one or more unauthorized parties without any permissible purpose under HIPAA privacy rules, and absent my signed authorization.

 

On 3 occasions Experian verified the entry of this unauthorized communication. They were the only Credit Reporting Agency to violate the privacy rules of HIPAA, the FCRA and FACTA.

 

Since there is NO balance due on this account, there is NO permitted business purpose under the HIPAA privacy rules.

 

This unauthorized dissemination of private health care information has been, and continues to be of great detriment to my welfare, and is a violation of the HIPAA privacy rules.

 

I will be entering a complaint against Experian and ( CA) with the OCR on the HIPAA privacy rules violation, the FTC on the violations of the FCRA and FACTA within 30 days from your receipt of this letter.

 

My complaints are my only recourse after exhausting all possible means of prevailing upon ( CA) and Experian to cease and desist the continued dissemination of private health information to unauthorized parties and after ( CA) and Experian has refused my requests to comply with the privacy rules of HIPAA.

 

I am also filing this complaint with the The Consumer Financial Protection Bureau (CFPB), The ( your State) Attorney General,and the BBB and reserve my right to file for damages in the Civil Courts.

 

Sincerely,

 

(PRINT your name on the copy that goes to the CA, SIGN it on the copy that goes to Ex.)

 

I havent received any letters from EX or the CA in the last 3 weeks. I did notice that the CA accounts showed pending disputes through the backdoor but not they are no longer in pending and the "reported date" hasn't changed. Im fairly confident that EX will be sending me a "this has been previously disputed" letter. Ill wait for the response to add to the paper train but what happens next on these 2? Do i actually file Hippa complaints against the OC, CA, and EX?

Yes

http://whychat.5u.com/hipaaleg.html#complaint

 

Make sure you send the OC,the Courtesy letter, the letter you sent Ex and the CA will serve as a Courtesy letter

[sennico]

One more question, does this get filed as a 1 single complaint listing out the OC, CA, and EX? Or is each entity a separate complaint? As always thanks for your guidance.

[Why Chat]

One more question, does this get filed as a 1 single complaint listing out the OC, CA, and EX? Or is each entity a separate complaint? As always thanks for your guidance.

Have you filed an FTC complaint yet against Ex and the CA??

http://whychat.5u.com/hipaaftccomp.html

 

If not, try that first, save the dispute before clicking enter.

 

Send a copy ( with the FTC file # appended)to Ex and the CA with a cover letter stating that your next step will be a HIPAA complaint with the OCR and you reserve the right to take civil action for damages.

 

Each complaint must be entered separately for both the FTC and the OCR

[sennico]

I filed an FTC complaint against EX earlier at your direction when TU and EQ deleted and EX did not. There was a big delay before the CA ever responded to the DV letter with proof of a current relationship with the OC which then sent me down the payment with Insert A road. So the long and short is FTC complaint already happened against EX but not for the actual HIPPA violation that occurred when the account showed as paid. I will file an FTC complaint against the CA, does it makes sense to file another FTC complaint against EX now or just the CA and if nothing changes then OCR complaints against the OC, CA, and EX?

[Why Chat]

I filed an FTC complaint against EX earlier at your direction when TU and EQ deleted and EX did not. There was a big delay before the CA ever responded to the DV letter with proof of a current relationship with the OC which then sent me down the payment with Insert A road. So the long and short is FTC complaint already happened against EX but not for the actual HIPPA violation that occurred when the account showed as paid. I will file an FTC complaint against the CA, does it makes sense to file another FTC complaint against EX now or just the CA and if nothing changes then OCR complaints against the OC, CA, and EX?

No, file against the CA with the FTC and file the complaint to the OCR against the OC for the HIPAA violations, you still need to send the "courtesy letter" to the OC and you need to file only against the OC for the HIPAA violation for now.

Edited March 15, 2012 by Why Chat

[sennico]

I filed an FTC complaint against EX earlier at your direction when TU and EQ deleted and EX did not. There was a big delay before the CA ever responded to the DV letter with proof of a current relationship with the OC which then sent me down the payment with Insert A road. So the long and short is FTC complaint already happened against EX but not for the actual HIPPA violation that occurred when the account showed as paid. I will file an FTC complaint against the CA, does it makes sense to file another FTC complaint against EX now or just the CA and if nothing changes then OCR complaints against the OC, CA, and EX?

No, go directly to the complaint to the OCR for the HIPAA violations, you still need to send the "courtesy letter" to the OC and you need to file only against the OC for now.

 

Got it.. They did receive a courtesy letter about 30 days ago to which they did not respond, I waited more than the 10 days because of sending the new letters you provided to the CA and EX.

[sennico]

Ok so back to the account with Tenet while I wait on the FTC/OCR complaints on the other accounts...

To recap I sent these guys a payment using insert A about 65 days ago. They still have not cashed the bank check. About 2 weeks ago I sent the follow up as directed and still have not heard from them. What's my next course of action since it appears I'm being ignored?

[sennico]

Bump

[Why Chat]

Ok so back to the account with Tenet while I wait on the FTC/OCR complaints on the other accounts...

To recap I sent these guys a payment using insert A about 65 days ago. They still have not cashed the bank check. About 2 weeks ago I sent the follow up as directed and still have not heard from them. What's my next course of action since it appears I'm being ignored?

Call them and ask to speak to their security manager. Tell them that you sent a payment to them with a cashiers check that was signed for by xxx on xxx but that it has not yet been deposited and you are concerned that it might have been misappropriated.

[sennico]

Gave them another call and get the same runaround (I really hope to never use this facility again). They didnt understand why the check was sent to the privacy dept as opposed to payment processing center, They said no one was available to talk to in the privacy office but they would leave a message to followup. This is the same kind of response i got before.

[Why Chat]

Gave them another call and get the same runaround (I really hope to never use this facility again). They didnt understand why the check was sent to the privacy dept as opposed to payment processing center, They said no one was available to talk to in the privacy office but they would leave a message to followup. This is the same kind of response i got before.

HMMM, What stage are you in the HIPAA letter program??

 

Have you sent the follow up letters??

( posted after insert "c" )

 

I know it says to wait until the check has been deposited, however in THIS CASE you can send the follow up letters now as you have a copy of the money order,and you have proof they received it.

[sennico]

Gave them another call and get the same runaround (I really hope to never use this facility again). They didnt understand why the check was sent to the privacy dept as opposed to payment processing center, They said no one was available to talk to in the privacy office but they would leave a message to followup. This is the same kind of response i got before.

HMMM, What stage are you in the HIPAA letter program??

 

Have you sent the follow up letters??

( posted after insert "c" )

 

I know it says to wait until the check has been deposited, however in THIS CASE you can send the follow up letters now as you have a copy of the money order,and you have proof they received it.

 

On this account I've followed it all the way through including followup letters (below insert C) about 2 weeks ago. The OC (Tenet)i s yet to respond to anything including the Insert A payment letter, the followup letter, and now 2 calls. The receipt date for the Insert A payment was 1/17/12 and its still uncashed and the collection associated with it is unchanged.

[sennico]

post weekend bump

[sennico]

I should add that i got a response from EXyesterday that they would not be investigating this account unless new information was provided. This response was from sending them the post insert A followup

[sennico]

bump

[Why Chat]

I should add that i got a response from EXyesterday that they would not be investigating this account unless new information was provided. This response was from sending them the post insert A followup

Is it ONLY still reporting on Ex??

 

If it is reporting to Eq and TU also, and you sent the OC the copy of the follow up dispute then it is time for the "courtesy letter" and a complaint to the OCR

http://www.whychat.5u.com/hipaaleg.html#courtesy

 

http://www.whychat.5u.com/hipaaleg.html#complaint

 

If it is ONLY on Ex, then file an FTC complaint against Ex.

http://www.whychat.5u.com/hipaaftccomp.html

[sennico]

It's only reporting to EX but I did file an FTC complaint earlier (Dec '11) on your advice ( they was a very long gap between getting a response from the CA DV showing a current relationship). After that the CA responded and I paid via Insert A to the oc on 1/17

[Why Chat]

It's only reporting to EX but I did file an FTC complaint earlier (Dec '11) on your advice ( they was a very long gap between getting a response from the CA DV showing a current relationship). After that the CA responded and I paid via Insert A to the oc on 1/17

Well, since you already filed an FTC complaint against Ex, and already redisputed with a copy to the OC and the cover letter ,it is time for the courtesy letter.

[sennico]

It's only reporting to EX but I did file an FTC complaint earlier (Dec '11) on your advice ( they was a very long gap between getting a response from the CA DV showing a current relationship). After that the CA responded and I paid via Insert A to the oc on 1/17

Well, since you already filed an FTC complaint against Ex, and already redisputed with a copy to the OC and the cover letter ,it is time for the courtesy letter.

 

Ok, just to help me understand a little better on this one. Has the OC committed a HIPPA violation yet if they didnt update the status to Paid with the CA. I get that the money order is equivalent to cash so the account can be considered paid even though it wasn't cashed I'm just a little fuzzy on what the violation actually would be.