Looking for Critique on my Hipaa Letter...

[Sardo Neumspa]

I am about to send out Why Chat's HIPAA Letter for the last baddie on my credit reports, of which will be clean when this is taking care of (Yay Me).

 

Just want to make sure this letter is correct prior to sending it off. I will be purchasing a Money Order tommorrow and will be placing the required information as described in Why Chat's HIPAA Dispute program. This includes making it out to the OC and endorsing the back with the limited endorsement that only the OC can deposit into their own account.

 

Letter follows:

 

Sardo Neumspa

1234 Golden Child Way

Kathmandu

SS # 123-45-6789

 

Legal Department

Large Area Hospital

1234 Other Side of Town

Kathmandu

 

Dec 9th, 2006 – Sent Certified Mail with Return Receipt # 0000 0000 0000 0000 0000

 

Dear Sir/Madam;

 

This letter is in reference to account # 69696969 for services provided to Sardo Neumspa on July 31st, 2004.

 

In regard to the bill on this account in the amount of $150.00:

 

Enclosed please find my remittance of $150.00 for payment in full of this account.

 

Please note, my remittance is payable ONLY to Large Area Hospital and may not be signed over or transferred to any third party collection agency, as this would constitute an additional violation of HIPAA and State Privacy Act rules.

 

Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies.

 

Please be advised that under Federal Statutes, the Fair Credit Reporting Act, (15 USC § 1681 et seq) and Kathmandu's Consumer Credit Statutes, you may be held liable for the actions of Evil Collection Agency.

 

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors.

 

A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

 

In addition, the HIPAA and Kathmandu's Medical Privacy Statutes are in effect in this situation even though the health care services you provided may have been prior to enactment.

 

The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual or otherwise allowed under the Privacy Rules.

 

In general, PHI encompasses substantially all "individually identifiable health information" that is transmitted or maintained in any medium. "Individually identifiable health information" includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individual's physical or mental health or condition, including information related to an individual's care or the PAYMENT for such care.

 

Your furnishing of my account information to Evil Collection Agency, is not in compliance with HIPAA, or Kathmandu's Privacy Act, and any subsequent reporting of this account on my credit reports to Equifax, TransUnion, and Experian is a clear violation of Public Law 104-191 ("HIPAA") since there can be no permissible business purpose in divulging protected health information to anyone on an account that has no payment due.

 

You are required under the FCRA to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and State privacy regulations from doing so on a PAID account, as there is no longer any permitted business purpose.

 

Therefore I am requesting you promptly rescind all such account information furnished to Evil Collection Agency and require them to purge their records of all references to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports.

 

This simple procedure to request the deletion of ALL reference to this account from the records Evil Collection Agency and to require them to have this account information deleted in it's entirety from my credit reports will resolve this problem completely.

 

Please respond, in writing, within 10 days that you are processing this request.

 

I am reserving the right to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request.

 

I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E&O insurance carrier.

 

Sincerely,

 

/s/Sardo Neumspa

 

Sardo Neumspa

[Why Chat]

OK

[Sardo Neumspa]

I purchased a money order yesterday and sent it out CMRRR last night. It was delivered this morning already (live across town from the hospital, sent the mail out from the main post office in my city).

 

Next step is the follow up letters. Should I wait 10 days after receiving the green card back or send them soon as I receive the green cards back?

[Sardo Neumspa]

I purchased a money order yesterday and sent it out CMRRR last night. It was delivered this morning already (live across town from the hospital, sent the mail out from the main post office in my city).

 

Next step is the follow up letters. Should I wait 10 days after receiving the green card back or send them soon as I receive the green cards back?

 

I got the Green Card back today (not bad, 48 hour turn around). Should I wait until next week to see if I get response from the Hospital, or should I send the followup and dispute to the CRA?

[94B10]

I purchased a money order yesterday and sent it out CMRRR last night. It was delivered this morning already (live across town from the hospital, sent the mail out from the main post office in my city).

 

Next step is the follow up letters. Should I wait 10 days after receiving the green card back or send them soon as I receive the green cards back?

 

I got the Green Card back today (not bad, 48 hour turn around). Should I wait until next week to see if I get response from the Hospital, or should I send the followup and dispute to the CRA?

 

This is the directions posted on Whychat's site regarding when to send the follow up letters.

 

INSTRUCTIONS FOR FOLLOW UP TO "HIPAA" LETTER TO ORIGINAL CREDITOR HEALTH CARE PROVIDER

 

Make sure any money order has been deposited ,OR you have received a return receipt from your letter if insert "b" or "c" were used. Send the follow up letter. Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA)

[brubaker]

How can you tell if a money order has been deposited?