Medical Collections last remaining on CR

[xfazer]

From my initial blanket dispute with the CRA's these medical collections remain on my EQFX report. As you can see, a good many now show a date reported as 1/2006 - which puts a damper on my mortgage plans.... as I have to have anything a year old removed, paid, or satisfied, etc.....

 

Below are the medical collections that remain, and I'm asking in how I should proceed.

 

Thank you for your help in advance! BTW, I reside in SC.

 

COLLECTION SERVICES INC

Pensacola, FL

(850) 434-0883

Date Reported: 01/2006

Date Assigned: 07/2002

Creditor Classification:

Creditor Name: ST. Francis Medical - Florida

Accounts Number: 33XX

Account Owner: Individual Account.

Original Amount Owned: $575

Date of 1 st Delinquency: 03/2002

Balance Date: 01/2006

Balance Owned: $575

Last Payment Date: n/a

Status Date: 01/2006

Status: D - Unpaid

Comments: N/A

 

WEST ASSET MANAGEMENT

Agency Address:

Sherman, TX 750

 

Date Reported: 01/2006

Date Assigned: 02/2002

Creditor Classification:

Creditor Name: FL Hospital

Accounts Number: 457XXXX

Account Owner: Individual Account.

Original Amount Owned: $1,841

Date of 1 st Delinquency: 09/2001

Balance Date: 01/2006

Balance Owned: $1,841

Last Payment Date: n/a

Status Date: 01/2006

Status: D - Unpaid

Comments: Consumer disputes this account information, Collection account

 

VALLEY CREDIT SERVICE

Agency Address:

Staunton, VA 244

 

Date Reported: 01/2006

Date Assigned: 04/2005

Creditor Classification: Medical/Health Care

Creditor Name: Maryland PEDIATRICS

Accounts Number: 10XXXX

Account Owner: Individual Account.

Original Amount Owned: $647

Date of 1 st Delinquency: 12/2004

Balance Date: 01/2006

Balance Owned: $647

Last Payment Date: n/a

Status Date: 01/2006

Status: D - Unpaid

Comments: Medical

 

VALLEY CREDIT SERVICE

Agency Address:

Staunton, VA 244

 

Date Reported: 01/2006

Date Assigned: 04/2005

Creditor Classification: Medical/Health Care

Creditor Name: Maryland PEDIATRICS

Accounts Number: 10XXXX

Account Owner: Individual Account.

Original Amount Owned: $702

Date of 1 st Delinquency: 12/2004

Balance Date: 01/2006

Balance Owned: $702

Last Payment Date: n/a

Status Date: 01/2006

Status: D - Unpaid

Comments: Medical

 

VALLEY CREDIT SERVICE

Agency Address:

Staunton, VA 2483

 

Date Reported: 01/2006

Date Assigned: 04/2005

Creditor Classification: Medical/Health Care

Creditor Name: Maryland PEDIATRICS

Accounts Number: XXXX

Account Owner: Individual Account.

Original Amount Owned: $754

Date of 1 st Delinquency: 12/2004

Balance Date: 01/2006

Balance Owned: $754

Last Payment Date: n/a

Status Date: 01/2006

Status: D - Unpaid

Comments: Medical

[genseeker]

you might be able to take an old report that shows the correct dates for those colletions and have the lender do a rapid rescore. it might also show that the accts are more than 1 yr old so you might get out of paying them.

[xfazer]

Thanks! Well I don't need to get the mortgage for about 6 months - just didn't know what my chances are for removing these. Some are out of the SOL I think... and wasn't sure how to proceed. Do medical collections have the same SOL guidelines as regular collections?

Edited January 28, 2006 by xfazer

[Why Chat]

Thanks! Well I don't need to get the mortgage for about 6 months - just didn't know what my chances are for removing these. Some are out of the SOL I think... and wasn't sure how to proceed. Do medical collections have the same SOL guidelines as regular collections?

If you are in Fl, I suggest you send a new dispute to the CRA,following these instructions:

 

You dispute medical accounts this way:

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.Please advise me as to the name and address

of the medical provider, the date of service, to whom the service was provided, and what it was for. If you can get this information,

I also would need the name of the person providing this data, and the manner in which it was provided.

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

 

DO NOT send it RR

 

 

Yes the SOL rules are the same for medical, however, IF you are sued the SOL defense on it's own may not work in most Courts.

 

I do NOT suggest any DV to the CA's or contact with them at all.

 

IF, the medical dispute letter does not work for you, and the accounts are all verified with all the correct information, you still have an opportunity for deletion as Fl. does not allow medical debt reporting, and the new FACTA privacy laws also limit medical debt reporting.

 

Make sure you have opted out and deleted any old addresses BEFORE you do anything else.

[xfazer]

Why Chat, Many Thanks!

 

You state, "you still have an opportunity for deletion as Fl. does not allow medical debt reporting, and the new FACTA privacy laws also limit medical debt reporting."

 

Does it matter where I live... or does your statement pertain to the State (of FL) where the medical treatment was?

 

For the past 2 years I have lived in South Carolina. However, these medical bills are from when I lived in Florida and Mississippi. Three bills are from when I used a Pediatrician in Maryland.

 

Same Rules?

Edited January 28, 2006 by xfazer

[Why Chat]

Why Chat, Many Thanks!

 

You state, "you still have an opportunity for deletion as Fl. does not allow medical debt reporting, and the new FACTA privacy laws also limit medical debt reporting."

 

Does it matter where I live... or does your statement pertain to the State (of FL) where the medical treatment was?

 

For the past 2 years I have lived in South Carolina. However, these medical bills are from when I lived in Florida and Mississippi. Three bills are from when I used a Pediatrician in Maryland.

 

Same Rules?

Well-the FACTA privacy rules still apply, but the Fl. additional restrictions may not.

S.C. may have enacted it's own medical privacy statutes,I will take a look.

 

Nothing I could find for S.C. but here is the FACTA :

 

The Fair and Accurate Credit Transactions Act of 2003 restricts CRAs from reporting medical information in reports that will be used for employment, credit transactions or insurance transactions unless the consumer consents to such disclosures. The consent must be (a) in writing, ( specific and © descriptive of the use for which the agency is disclosing the information (these specific requirements for consent are not necessary if the disclosure if for an insurance transaction). Furthermore, CRAs are prohibited from disclosing the name, address and telephone number of the medical furnisher (e.g. the hospital) responsible for specific information in the report. Creditors are disallowed from using consumer medical information in deciding whether to grant, or to continue granting, credit to a consumer.

Edited January 28, 2006 by Why Chat

[xfazer]

Why Chat, thanks again. I will hold on to this thread for future reference.

[Zero_Infinity]

Why Chat, Many Thanks!

 

You state, "you still have an opportunity for deletion as Fl. does not allow medical debt reporting, and the new FACTA privacy laws also limit medical debt reporting."

 

Does it matter where I live... or does your statement pertain to the State (of FL) where the medical treatment was?

 

For the past 2 years I have lived in South Carolina. However, these medical bills are from when I lived in Florida and Mississippi. Three bills are from when I used a Pediatrician in Maryland.

 

Same Rules?

Well-the FACTA privacy rules still apply, but the Fl. additional restrictions may not.

S.C. may have enacted it's own medical privacy statutes,I will take a look.

 

Nothing I could find for S.C. but here is the FACTA :

 

The Fair and Accurate Credit Transactions Act of 2003 restricts CRAs from reporting medical information in reports that will be used for employment, credit transactions or insurance transactions unless the consumer consents to such disclosures. The consent must be (a) in writing, ( specific and © descriptive of the use for which the agency is disclosing the information (these specific requirements for consent are not necessary if the disclosure if for an insurance transaction). Furthermore, CRAs are prohibited from disclosing the name, address and telephone number of the medical furnisher (e.g. the hospital) responsible for specific information in the report. Creditors are disallowed from using consumer medical information in deciding whether to grant, or to continue granting, credit to a consumer.

 

Wow, this is very interesting. So are you saying that by sending this to the CRA, you put them in a position to violate FACTA?

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.Please advise me as to the name and address

of the medical provider, the date of service, to whom the service was provided, and what it was for. If you can get this information,

I also would need the name of the person providing this data, and the manner in which it was provided.

Very truly yours,

 

xxxxxx

 

 

If they don't provide this info, are they required to delete? Furthermore, if they do so, then do you have a follow up letter for this?

[Why Chat]

If they don't provide this info, are they required to delete? Furthermore, if they do so, then do you have a follow up letter for this?

If they do NOT provide the information, you then file a complaint with the FTC and redispute with a copy of the filed complaint. If they DO provide the information, you then use the appropriate insert in the HIPAA letter program.

[Zero_Infinity]

If they don't provide this info, are they required to delete? Furthermore, if they do so, then do you have a follow up letter for this?

If they do NOT provide the information, you then file a complaint with the FTC and redispute with a copy of the filed complaint. If they DO provide the information, you then use the appropriate insert in the HIPAA letter program.

 

So if they do, is this not a violoation of FACTA?

 

Furthermore, CRAs are prohibited from disclosing the name, address and telephone number of the medical furnisher (e.g. the hospital) responsible for specific information in the report.

[Sadeyes]

IF, the medical dispute letter does not work for you, and the accounts are all verified with all the correct information, you still have an opportunity for deletion as Fl. does not allow medical debt reporting, and the new FACTA privacy laws also limit medical debt reporting.

Hey Why Chat, Could You please elaborate on this? Or tell me where I can find info on this.. to be honest out of 19,000 that my TU shows I owe AT LEAST 10,000 is hospital collections. And 5,000 is student loans which are in good standing.. If I send the CRA's verification request's, and they come back verified, then how should I proceed since I am in Florida?

[linfor]

Same question from me Whychat. I sent the CRAs dispute letters or 2 medical collections. They sent new reports saying they verified and updated the information but they never responded to my dispute information requested. I made the request aover 45 days ago.

[lorcan]

What would be the follow up letter if the CRA does respond with the information?

[oh-no]

interested in this thread also.

[Why Chat]

OK- one more time.

 

If you send a PROPER dispute, either the medical dispute for medical accounts or the "general" dispute which is posted on the SOL letter page of my website, ( linked in the heading), and the CRA does not respond with ALL the requested information in their FULL response, ( not the automated "insta-answer), then you file a complaint on line with the FTC stating that you have properly disputed on xx xx xxxx and the CRA has failed to respond to your dispute with the requested information as mandated by the FCRA and FACTA. ( You can paraphrase what they said, i.e. "frivolous" or not their responsibility to contact the reporting party, etc. etc.). REPEAT that you have followed the FTC rules for disputing and the CRA has violated the FCRA and FACTA by failing to properly investigate or respond to your dispute.

 

You then redispute to the CRA as follows,

Re. your letter of xx xx xxxx in response to my filed dispute of xx xx xxxx.

Enclosed is a copy of my filed FTC complaint.

 

I will await a further response from you before filing appropriate complaints with my State authorities, and reserve the right to take further actions to recover damages.

[Itchiee]

Very interesting...I'm also in Florida and have to get medical collections off my report, my biggest hurdle. Pre CB I disputed them online and a few dropped off but have some remaining. I'm gonna wait until after the 28th (When investigating is done) and follow this method exactly. Please update this thread with results or any information we can use to help us with this situation.

Edited February 20, 2006 by Itchiee

[ajohn505]

Nothing I could find for S.C. but here is the FACTA :

 

The Fair and Accurate Credit Transactions Act of 2003 restricts CRAs from reporting medical information in reports that will be used for employment, credit transactions or insurance transactions unless the consumer consents to such disclosures. The consent must be (a) in writing, ( specific and © descriptive of the use for which the agency is disclosing the information (these specific requirements for consent are not necessary if the disclosure if for an insurance transaction). Furthermore, CRAs are prohibited from disclosing the name, address and telephone number of the medical furnisher (e.g. the hospital) responsible for specific information in the report. Creditors are disallowed from using consumer medical information in deciding whether to grant, or to continue granting, credit to a consumer.

 

I'm confused because there have been later rulings that allow for coded medical information provided to CRAs so long as the reports don't show specific medical procedures. There's nothing in the original post that shows specific procedures.

 

Dollar amounts, dates, SSNs and some other information are allowed to be passed to a CA or CRA under FACTA and HIPAA... not to say that the dispute won't be successful.

 

When you say "Creditors are disallowed from using consumer medical information in deciding whether to grant, or to continue granting, credit to a consumer.", this is patently false according to FACTA and HIPAA. There are specific prohibitions against providing specific health information, but specific exceptions for CAs and CRAs as far as the billing information goes.

 

http://www.federalreserve.gov/boarddocs/pr.../attachment.pdf

 

I have some fully paid off medical collections on my CRs, so I'm looking forward to getting them removed as well. Since the original reporting appears to be legal, is the tactic from this point forward going to be trying to trip them up in a new FACTA or FCRA violation?

Edited February 22, 2006 by ajohn505

[lorcan]

The attempt at validation sent back to me from CA on a medical account listed on my CR does specifically list names of tests done (which would be descriptive of any medical problem). Is this a violation of HIPPA? I was not well versed in HIPPA so, just sent DV letter to CA and got back this attempt at validation. It is not a full validation as requested because it is just a printout with the name of healthcare provider typed on a label and glued to the printout, no proof that I owe it and no proof that they are entitled to collect from me. I sent back a second DV already. I do not want to pay this debt because I believe they double billed me as I have a receipt for that amount for that date and the OC a major hospital will not address my disputes.

 

Can I switch my strategies at this point and send the letter to the CRA as suggested by Why Chat? Or do I have to stay the course since I already DVed twice? I received the green card back from second DV so they received it on the 16th and I gave them 15 days to delete. If they do not what would be my recourse? I was going to then do a dispute with CRA. I am in Ca. The hospital involved is one of the worst offenders in overbilling people who don't have insurance. They have consistently done this to me.

Edited February 22, 2006 by lorcan

[Why Chat]

OK-- 1 LAST TIME

 

DV's to a CA are not IMO as effective for a medical debt account as sending the medical dispute letter and then proceeding with the APPROPRIATE HIPAA letter to the OC.

 

As long as you have not PAID the CA, you can use the medical dispute letter and then the HIPAA letter.( It is possible to use the medical dispute letter for deletions, even IF you have paid the CA, but ONLY the medical dispute letter, as the rest of the HIPAA letter program would be invalid)

 

I am not going to respond to people who are looking for "violations" of FACTA or FCRA in order to use those violations as leverage to obtain deletions, nor do I wish to get involved in the possible "reporting" violations of medical data.

 

I designed a fairly simple ( although somewhat difficult to explain) system to obtain deletions from reports and to pay the OC on OWED medical debts, it works pretty well for most people, IF they follow the directions.

[lorcan]

Why Chat, you say your system is simple but at the risk of appearing dense, I must say that it remains a little confusing to me. BTW, I was not asking you to get involved in any "looking for violations" or using them to obtain deletions. I was merely asking what is a violation under HIPPA and FACTA as it seems that there are violations in the so called validation they sent me and also that they are listing the OC on my CR with the specific name of the hospital. I appreciate your help but I am picking up a tone of annoyance when I am only attempting to learn this. I began by doing the DV so had to explain that and inquire as to whether you can switch to the HIPPA letter after beginning with a different method. (I have gotton many medical collections taken off with the DV method so am nervous about trying a different method but am willing to try but only when I fully understand this method. I thought it was only for paid accounts which explains some of the confusion,