hipaa to oc/ca responds

[shedguy]

i followed why chat's instructions and sent the first letter to the cra.

i received the following letter from the ca.

 

RE: xxx florida medical

Ref# xxx

Service date xx/xx/01 (late 01)

Amount due $5xx

 

credit inquiry update

 

dear customer,

 

you recently disputed this account with one or more of the national credit reporting agencies. we

have verified that the information is accurate and you are responsible for the bill. we appreciate

your inquiry and are here to HELP. We will report the account as paid to the credit repoting agencies

just as soon as we receive your payment. The credit bureau may take several weeks to update your

report, so its important that we get this taken care of quickly. please call our office today at

1-800-POUND SAND.

 

Sincerely,

West asset management.

 

This communication is from a debt collector. This is an attempt to collect a debt and any information

obtained will be used for that purpose.

 

 

this particular account is only reporting on eq. im concerned that it might come back on the others.

i will pay the bill if necessary.

 

the letter that they sent me also shows my name incorrectly.

the amount is close, but not exactly what my credit report says.

 

 

i just want to do it right. i know not to contact the ca, and i wont.

 

i guess the meat of the question is:

Does the fact that they have the wrong name on their records change my next move?

 

the letter was sent on march 31, recd on april 2nd

Edited May 3, 2006 by shedguy

[shedguy]

help please

[TScott]

Have you received a response from the CRA yet?

[Why Chat]

The fact that the CA sent you a "demand letter" indicates that they MAY have NOT verified the account with the CRA.

 

Wait until you receive the response from the CRA.

 

If it is verified by the CRA with ALL the correct information from the OC, then you can pay the OC with the HIPAA letter.

 

Since your name is misspelled, it is VERY likely they could not properly verify and the CRA will delete.

 

DO NOT respond in ANY WAY to the CA.

[shedguy]

The fact that the CA sent you a "demand letter" indicates that they MAY have NOT verified the account with the CRA.

 

Wait until you receive the response from the CRA.

 

If it is verified by the CRA with ALL the correct information from the OC, then you can pay the OC with the HIPAA letter.

 

Since your name is misspelled, it is VERY likely they could not properly verify and the CRA will delete.

 

DO NOT respond in ANY WAY to the CA.

 

I should get something back from the cra in the next few days(they rec'd the letter on 4/2)

i'll keep you posted.

thanks so much Why Chat.

[shedguy]

The fact that the CA sent you a "demand letter" indicates that they MAY have NOT verified the account with the CRA.

 

Wait until you receive the response from the CRA.

 

If it is verified by the CRA with ALL the correct information from the OC, then you can pay the OC with the HIPAA letter.

 

Since your name is misspelled, it is VERY likely they could not properly verify and the CRA will delete.

 

DO NOT respond in ANY WAY to the CA.

 

 

i got the response today from eq.

 

We have researched the collection account. Account #xxxxx The results are Equifax verified that

this item belongs to you.

i dont understand see how they could have verified. None of the info i requested was provided, either.

suggestions?

[shedguy]

The fact that the CA sent you a "demand letter" indicates that they MAY have NOT verified the account with the CRA.

 

Wait until you receive the response from the CRA.

 

If it is verified by the CRA with ALL the correct information from the OC, then you can pay the OC with the HIPAA letter.

 

Since your name is misspelled, it is VERY likely they could not properly verify and the CRA will delete.

 

DO NOT respond in ANY WAY to the CA.

 

 

i got the response today from eq.

 

We have researched the collection account. Account #xxxxx The results are Equifax verified that

this item belongs to you.

i dont understand see how they could have verified. None of the info i requested was provided, either.

suggestions?

 

 

 

bump

[TScott]

I had the same thing happen to me. The next step is filing a complaint with the FTC and then redisputing with the CRAs with an enclosed copy of the filed complaint.

[shedguy]

bump for Why Chat

[94B10]

This is what Whychat has told to those who have gone through the process and have gotten the same response that you did.

 

 

If you do not get a REAL response within 35 days from the date of your dispute letter, you file a complaint on line with the FTC against the CRA as follows:

 

"I properly disputed an unknown medical account on my credit report on xx xx xxxx, my dispute requested the name and address of the original creditor, the date this account was supposed to have been incurred, the name of the party who received the medical service, and the name and address of the verifying party and method of verification of this information. The CRA refused to obtain the requested information on this disputed account and referred me back to the reporting collection agency. This is a violation of my rights under the FCRA and FACTA."

 

You then re-dispute to the CRA with a copy of your filed complaint.

[shedguy]

This is what Whychat has told to those who have gone through the process and have gotten the same response that you did.

 

 

If you do not get a REAL response within 35 days from the date of your dispute letter, you file a complaint on line with the FTC against the CRA as follows:

 

"I properly disputed an unknown medical account on my credit report on xx xx xxxx, my dispute requested the name and address of the original creditor, the date this account was supposed to have been incurred, the name of the party who received the medical service, and the name and address of the verifying party and method of verification of this information. The CRA refused to obtain the requested information on this disputed account and referred me back to the reporting collection agency. This is a violation of my rights under the FCRA and FACTA."

 

You then re-dispute to the CRA with a copy of your filed complaint.

 

 

i re-dispute with exactly the same letter, or do i write a new one with a copy of the old?

i really apreciate the help . thanks

[94B10]

CRA Address

 

RE: Report or File Number

 

You basically tell them that you have filed a complaint with FTC and are enclosing it in the letter. Tell them you disputed a medical account properly that you did not recognize. Also mention what you asked for in the original dispute. Tell them that because they refuse to investigate and provide you with the info, that they are in violation of the FCRA and FACTA.

 

Tell them again you are requesting the name and address of medical provider, date and type of service and to whom the service was provide. Tell them you are providing account name(CA) and account number for their reference again.

 

CA #XXXXXXXXXXX

 

Sincerely

 

Signature

[94B10]

You print out a copy of your on line complaint and redispute to the CRA with a copy of your original dispute and a copy of your filed complaint.

[shado]

If you have already spoken about the following, I may have missed it and I apologize:

 

Is this for an account that has previously been paid by insurance or by you?

One that should have been paid by insurance but wasn't?

Is it for the deductible that still hasn't been paid?

You didn't have insurance and haven't been able to pay it yet?

 

Did you send the HIPAA letter to the OC yet?

[shado]

If you have already spoken about the following, I may have missed it and I apologize:

 

Is this for an account that has previously been paid by insurance or by you?

One that should have been paid by insurance but wasn't?

Is it for the deductible that still hasn't been paid?

You didn't have insurance and haven't been able to pay it yet?

 

Did you send the HIPAA letter to the OC yet?

I should have also added the following question to the above'

 

Is this an unknown debt that the CA is reporting?

[shedguy]

If you have already spoken about the following, I may have missed it and I apologize:

 

Is this for an account that has previously been paid by insurance or by you?

One that should have been paid by insurance but wasn't?

Is it for the deductible that still hasn't been paid?

You didn't have insurance and haven't been able to pay it yet?

 

Did you send the HIPAA letter to the OC yet?

I should have also added the following question to the above'

 

Is this an unknown debt that the CA is reporting?

 

it is my debt, don't believe i had insurance at the time.

i have not yet sent the hippa letter to the o/c.

i thought i had to wait for the appropriate response from the cra, so i had all info correct.

[shedguy]

bump

[normal1]

The next step is filing a complaint with the FTC and re-disputing with the CRA. Include a printed copy of the online FTC complaint and the original DV, perhaps include the fact that you've attached a copy of a complaint you've made to the FTC regarding their lack of validation. You have to do this 35 business days AFTER they received your INITIAL dispute.

 

Good luck

[94B10]

Include a printed copy of the online FTC complaint and the original DV,

 

Sorry, normal1 kinda of confused about why he would send the original DV with FTC complaint. I thought you send the copy of original dispute letter along with the ftc complaint. I thought once you started the HIPAA process you are to have nothing to do with CA including DV (letters as well).

Edited May 9, 2006 by 94B10

[BlueGhost]

RE: xxx florida medical

Ref# xxx

Service date xx/xx/01 (late 01)

Amount due $5xx

 

Isnt something on FL. Books abpout not sharing Medical Information even with CA's with out a FULL release from the patient? So therefore the CA couldnt Validate anyways and or Verify correctly maybe?

 

Can the FL people chime in here?

 

BG

[94B10]

Hey BlueGhost I found this link and on post 3 Whychat does talk about Florida being one of those states that forbids medical accounts on CR. but i haven't found the specific statute yet.

 

http://creditboards.com/forums/index.php?s...opic=155281&hl=

 

 

RE: xxx florida medical

Ref# xxx

Service date xx/xx/01 (late 01)

Amount due $5xx

 

Isnt something on FL. Books abpout not sharing Medical Information even with CA's with out a FULL release from the patient? So therefore the CA couldnt Validate anyways and or Verify correctly maybe?

 

Can the FL people chime in here?

 

BG

[fldanny]

bump

[94B10]

I wonder if number 10 is what is being referred to. Third party can not disclose it without consent to anyone including CRA. Here is alink to where rikers1 wrote letter to CA reporting medical on report and got it removed. Post #14 but the whole thread is informative.

 

http://creditboards.com/forums/index.php?s...8entry1475918

 

 

 

The 2005 Florida Statutes

 

Title XXXII

REGULATION OF PROFESSIONS AND OCCUPATIONS

 

Chapter 456

HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

 

 

456.057 Ownership and control of patient records; report or copies of records to be furnished.--

 

(1) As used in this section, the term "records owner" means any health care practitioner who generates a medical record after making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person; any health care practitioner to whom records are transferred by a previous records owner; or any health care practitioner's employer, including, but not limited to, group practices and staff-model health maintenance organizations, provided the employment contract or agreement between the employer and the health care practitioner designates the employer as the records owner.

 

(2) As used in this section, the terms "records owner," "health care practitioner," and "health care practitioner's employer" do not include any of the following persons or entities; furthermore, the following persons or entities are not authorized to acquire or own medical records, but are authorized under the confidentiality and disclosure requirements of this section to maintain those documents required by the part or chapter under which they are licensed or regulated:

 

(a) Certified nursing assistants regulated under part II of chapter 464.

 

( Pharmacists and pharmacies licensed under chapter 465.

 

© Dental hygienists licensed under s. 466.023.

 

(d) Nursing home administrators licensed under part II of chapter 468.

 

(e) Respiratory therapists regulated under part V of chapter 468.

 

(f) Athletic trainers licensed under part XIII of chapter 468.

 

(g) Electrologists licensed under chapter 478.

 

(h) Clinical laboratory personnel licensed under part III of chapter 483.

 

(i) Medical physicists licensed under part IV of chapter 483.

 

(j) Opticians and optical establishments licensed or permitted under part I of chapter 484.

 

(k) Persons or entities practicing under s. 627.736(7).

 

(3) This section does not apply to facilities licensed under chapter 395.

 

(4) Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person's legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. However, when a patient's psychiatric, chapter 490 psychological, or chapter 491 psychotherapeutic records are requested by the patient or the patient's legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records. Upon a patient's written request, complete copies of the patient's psychiatric records shall be provided directly to a subsequent treating psychiatrist. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered.

 

(5)(a) Except as otherwise provided in this section and in s. 440.13(4)©, such records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient or the patient's legal representative or other health care practitioners and providers involved in the care or treatment of the patient, except upon written authorization of the patient. However, such records may be furnished without written authorization under the following circumstances:

 

1. To any person, firm, or corporation that has procured or furnished such examination or treatment with the patient's consent.

 

2. When compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff.

 

3. In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient's legal representative by the party seeking such records.

 

4. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient or provided written permission is received from the patient or the patient's legal representative.

 

5. To a regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law.

 

( Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.

 

(6) Except in a medical negligence action or administrative proceeding when a health care practitioner or provider is or reasonably expects to be named as a defendant, information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care practitioners and providers involved in the care or treatment of the patient, or if permitted by written authorization from the patient or compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given.

 

(7)(a)1. The department may obtain patient records pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of this chapter or any professional practice act or that a health care practitioner has practiced his or her profession below that level of care, skill, and treatment required as defined by this chapter or any professional practice act and also find that appropriate, reasonable attempts were made to obtain a patient release.

 

2. The department may obtain patient records and insurance information pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has provided inadequate medical care based on termination of insurance and also find that appropriate, reasonable attempts were made to obtain a patient release.

 

3. The department may obtain patient records, billing records, insurance information, provider contracts, and all attachments thereto pursuant to a subpoena without written authorization from the patient if the department and probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has submitted a claim, statement, or bill using a billing code that would result in payment greater in amount than would be paid using a billing code that accurately describes the services performed, requested payment for services that were not performed by that health care practitioner, used information derived from a written report of an automobile accident generated pursuant to chapter 316 to solicit or obtain patients personally or through an agent regardless of whether the information is derived directly from the report or a summary of that report or from another person, solicited patients fraudulently, received a kickback as defined in s. 456.054, violated the patient brokering provisions of s. 817.505, or presented or caused to be presented a false or fraudulent insurance claim within the meaning of s. 817.234(1)(a), and also find that, within the meaning of s. 817.234(1)(a), patient authorization cannot be obtained because the patient cannot be located or is deceased, incapacitated, or suspected of being a participant in the fraud or scheme, and if the subpoena is issued for specific and relevant records.

 

4. Notwithstanding subparagraphs 1.-3., when the department investigates a professional liability claim or undertakes action pursuant to s. 456.049 or s. 627.912, the department may obtain patient records pursuant to a subpoena without written authorization from the patient if the patient refuses to cooperate or if the department attempts to obtain a patient release and the failure to obtain the patient records would be detrimental to the investigation.

 

( Patient records, billing records, insurance information, provider contracts, and all attachments thereto obtained by the department pursuant to this subsection shall be used solely for the purpose of the department and the appropriate regulatory board in disciplinary proceedings. This section does not limit the assertion of the psychotherapist-patient privilege under s. 90.503 in regard to records of treatment for mental or nervous disorders by a medical practitioner licensed pursuant to chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. However, the health care practitioner shall release records of treatment for medical conditions even if the health care practitioner has also treated the patient for mental or nervous disorders. If the department has found reasonable cause under this section and the psychotherapist-patient privilege is asserted, the department may petition the circuit court for an in camera review of the records by expert medical practitioners appointed by the court to determine if the records or any part thereof are protected under the psychotherapist-patient privilege.

 

(8)(a) All patient records obtained by the department and any other documents maintained by the department which identify the patient by name are confidential and exempt from s. 119.07(1) and shall be used solely for the purpose of the department and the appropriate regulatory board in its investigation, prosecution, and appeal of disciplinary proceedings. The records shall not be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the department or the appropriate board.

 

( Notwithstanding paragraph (a), all patient records obtained by the department and any other documents maintained by the department which relate to a current or former Medicaid recipient shall be provided to the Medicaid Fraud Control Unit in the Department of Legal Affairs, upon request.

 

(9) All records owners shall develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical record. Employees of records owners shall be trained in these policies, standards, and procedures.

 

(10) Records owners are responsible for maintaining a record of all disclosures of information contained in the medical record to a third party, including the purpose of the disclosure request. The record of disclosure may be maintained in the medical record. The third party to whom information is disclosed is prohibited from further disclosing any information in the medical record without the expressed written consent of the patient or the patient's legal representative.

 

(11) Notwithstanding the provisions of s. 456.058, records owners shall place an advertisement in the local newspaper or notify patients, in writing, when they are terminating practice, retiring, or relocating, and no longer available to patients, and offer patients the opportunity to obtain a copy of their medical record.

 

(12) Notwithstanding the provisions of s. 456.058, records owners shall notify the appropriate board office when they are terminating practice, retiring, or relocating, and no longer available to patients, specifying who the new records owner is and where medical records can be found.

 

(13) Whenever a records owner has turned records over to a new records owner, the new records owner shall be responsible for providing a copy of the complete medical record, upon written request, of the patient or the patient's legal representative.

 

(14) Licensees in violation of the provisions of this section shall be disciplined by the appropriate licensing authority.

 

(15) The Attorney General is authorized to enforce the provisions of this section for records owners not otherwise licensed by the state, through injunctive relief and fines not to exceed $5,000 per violation.

 

(16) A health care practitioner or records owner furnishing copies of reports or records or making the reports or records available for digital scanning pursuant to this section shall charge no more than the actual cost of copying, including reasonable staff time, or the amount specified in administrative rule by the appropriate board, or the department when there is no board.

 

(17) Nothing in this section shall be construed to limit health care practitioner consultations, as necessary.

 

(18) A records owner shall release to a health care practitioner who, as an employee of the records owner, previously provided treatment to a patient, those records that the health care practitioner actually created or generated when the health care practitioner treated the patient. Records released pursuant to this subsection shall be released only upon written request of the health care practitioner and shall be limited to the notes, plans of care, and orders and summaries that were actually generated by the health care practitioner requesting the record.

 

(19) The board, or department when there is no board, may temporarily or permanently appoint a person or entity as a custodian of medical records in the event of the death of a practitioner, the mental or physical incapacitation of the practitioner, or the abandonment of medical records by a practitioner. The custodian appointed shall comply with all provisions of this section, including the release of patient records.

Edited May 10, 2006 by 94B10

[shedguy]

just to refresh, and thank you all again for your respones,on may 9th i sent the ftc complaint.

my eq report hasn't changed, it doesnt seem like they put the tl in dispute. i know to wait the 35+5,

i just want to know if there is anything else i could be doing.hate to wait. any suggestions?