Step by Step, here we go!

[boxertrio]

Long time reader, first time medical disputer. Here is my story laid out, I will take any advise and will post my results along the way.

 

 

CA#1 = Two accounts listed as medical collections for a total of $240

Both of these are listed in my predispute letter. Once I recieve the reply, I will send out the Health Care Provider letter with insert (a).

 

CA#2 = medical collection for $224

Also listed in my predispute letter, same plan of action as above.

 

CA#3 = Three accounts listed by NCO, two with $0 balance and one with a $378 balance.

I almost added them to the predispute but decided on a seperate attack. The 0 balance accounts should fall off with a predisput and a DV, the $378 will be delt with the same as above with the Health Care Provider letter insert (a).

 

Here is my (actually Why Chats) predispute letter rewritten a little bit to sound less form lettery. Critic and critisize before I send it out CMRR no card in a hand addressed envelope.

 

I have opted out and deleted addresses.

 

Dear Transunion

 

My name is Boxertrio and my ssn is 987-65-4321. I am sending this letter certified so it doesn’t get lost in the mail.

 

After reviewing my Transunion report # 999999999, I would like to clarify a few points. I have no knowledge of accounts number 1082825852, 1082825853 or 4872002 from January of 2009 and November of 2008 respectively.

 

Please send me the name and address of the medical provider, the date and type of service provided and the name of the person the service was provided to, as any account I may have had could be obsolete.

 

If you can get all of the above information, please also get me the name of the person providing this information and how they provided it in case I need to pursue legal action against them and Transunion for any HIPAA violations.

 

Just a reminder that as of February 17 2009, Transunion falls under the jurisdiction of subtitle D of the ARRA, Sec. 13407 (1) Breach of Security. “Breach of Security†meaning I never approved identifying health information which is now on my credit report, be acquired by Transunion.

 

When you published my identifiable health information you came under the jurisdiction of the medical provider for HIPAA violations.

 

Boxertrio

[idon'twanna]

Hi Boxertrio,

 

Don't send your reworded letter until you hear from WhyChat!!

In other situations it's recommended that you reword the letter, but *not* in the Hipaa dispute. You might wind up really, really regretting it if you do send it ....

 

by the way, I'm a newbie too, but this is what I've read repeatedly on this board: Do not make changes!

 

Just hang in there until WhyChat checks in.

[bonbonXO]

Long time reader, first time medical disputer. Here is my story laid out, I will take any advise and will post my results along the way.

 

 

CA#1 = Two accounts listed as medical collections for a total of $240

Both of these are listed in my predispute letter. Once I recieve the reply, I will send out the Health Care Provider letter with insert (a). No, your next step by default are not to proceed to the health care provider letter with insert "a"- your next steps are dependent on what the Pre-HIPAA dispute results are. Unless these are recent (within the last year and you have an EOB that matches the amount that the CA is reporting and this is just a guideline)

 

CA#2 = medical collection for $224

Also listed in my predispute letter, same plan of action as above.

 

CA#3 = Three accounts listed by NCO, two with $0 balance and one with a $378 balance.

I almost added them to the predispute but decided on a seperate attack. The 0 balance accounts should fall off with a predisput and a DV, the $378 will be delt with the same as above with the Health Care Provider letter insert (a). Both accounts should have be added to the pre-dipsute, again you can't proceed to the next steps without the full results from the Pre-HIPAA dipsute, this is used for all medical accounts-no exceptions!

 

Here is my (actually Why Chats) predispute letter rewritten a little bit to sound less form lettery. Critic and critisize before I send it out CMRR no card in a hand addressed envelope.

 

I have opted out and deleted addresses. Excellent!

 

With most other credit repair â€templates" you personalize them to make them your own. The letters from Why Chat's HIPAA process are NOT templates, DON'T change them, use them as they have been written, the only personalization is:

Your Name, Address, SS#,CR # and the account information.

 

To make them look less "letter like" use personalize stationary and colored fonts

 

Again include all medical accounts

 

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

 

Please keep all posts in this thread don't start a thread

Edited August 11, 2009 by bonbonXO

[boxertrio]

bonbon, all of these accounts are less than a year old and I can still talk to the OC about them, they will even settle for 50% of the balance. I even have copies of the original bills from the hospital.

 

A little background here.....I am on dyalisis and awaiting a kidney transplant, my insurance is good and I usually keep up with the bills but these snuck in from a secondary provider and blammo, my credit was jacked up. I can and will pay everything that is due the OC with no complaint, but will not deal with the scumbag CA's.

 

I will add the NCO accounts to the predispute letter, no problem there.

 

I will def wait for Why Chats input on this before sending the letters.

 

Thanks for the input

Boxertrio

[bonbonXO]

bonbon, all of these accounts are less than a year old and I can still talk to the OC about them, they will even settle for 50% of the balance. If you go this route you will most likely end up with a collection account that reflect settle for less than Full balance.

I even have copies of the original bills from the hospital.

 

A little background here.....I am on dyalisis and awaiting a kidney transplant, Best of luck to you, I took my mom 3 days a week for almost 4 years.

my insurance is good and I usually keep up with the bills but these snuck in from a secondary provider and blammo, my credit was jacked up. My Credit got really jacked up after some medical mis happs too.

I can and will pay everything that is due the OC with no complaint, but will not deal with the scumbag CA's.

That is exactly how Why Chat's HIPAA process is supposed to work, but you have to start from the beginning so you have the paper trail if need be.

 

I will add the NCO accounts to the predispute letter, no problem there.

 

I will def wait for Why Chats input on this before sending the letters.

 

Thanks for the input

Boxertrio

[boxertrio]

Bonbon, I am going to follow the Why Chats plan to the letter, just pointing out that these were new accounts, sorry for the mix up. Also, decided not to mess with perfection and use the Predispute Letter as writter by the master. Here is a summary of the accounts included in the letter for your review.

 

NCO $0 balance 10/03

NCO $0 balance 02/05

NCO $378 balance 04/09

CCM $224 balance 11/08

B&W $159 balance 01/09

B&W $95 balance 01/09

 

Letter to be sent

 

Dear CRA,

 

My name is Boxertrio , my SS # is 987 65 4321.

 

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

 

I have no knowledge or records of account #"s 108285852, 1082825853, 4872002, 24147480, 86844962, and 4083324 from October of 2003 to Janurary of 1009 on my report # 12345.

 

Please advise me as to the name and address of the medical provider, the date and type of service,and to whom the service was provided, as any account I might have had would be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies which may include a complaint against your agency to the OCR on HIPAA violations.

 

Please take notice that as of February 17, 2009 your Credit Reporting Agency falls within the purview of subtitle D of the ARRA , SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

 

You are therefore now subject to the jurisdiction of the OCR for HIPAA violations.

 

Very truly yours,

 

Boxertrio

[Why Chat]

While I appreciate your situation, and understand your desire to "personalize" your initial dispute, it is not a good idea to add language that can be interpreted in the CRA computer system as a dispute of ACCURACY, rather than a dispute of the account in its entirety. The dispute letter as designed provides 3 points of dispute without any equivocation or "mealy mouth" verbiage. In disputing you need to understand the FACTA and FCRA statutes and dispute clearly and concisely.

 

As to your changing the language relating to ARRA, the paragraph as written reads correctly, i.e.

"Please take notice that as of February 17, 2009 your Credit Reporting Agency falls within the purview of subtitle D of the ARRA , SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual."

 

You wrote:

"Just a reminder that as of February 17 2009, Transunion falls under the jurisdiction of subtitle D of the ARRA, Sec. 13407 (1) Breach of Security. “Breach of Security†meaning I never approved identifying health information which is now on my credit report, be acquired by Transunion.

 

When you published my identifiable health information you came under the jurisdiction of the medical provider for HIPAA violations."

 

There is a BIG difference between the word purview and the word jurisdiction, the new privacy laws in the ARRA are complex and NOT yet in effect until late next year, they WILL cover ( subject to change) violations that begin after Feb.17, and there ARE penalty steps that are in effect for CURRENT violations by an OC or a business associate CA, however the CRA's are not yet actually "under the jurisdiction" of the new rules.

 

I suggest you double check your EOMB's from your insurance to see what you were actually obligated to pay for your share,

I assume that you understand that your benefits for your condition are at a much higher % than any other illness, you have by now contacted the various foundations for assistance and applied for disability and Medicare which should take up a great deal of your expenses. I also suggest you get your MIB report to make sure that everything is being correctly reported.

[boxertrio]

Why Chat, I will send your letter as you wrote it. I will also double check with my ins on the amounts they claim I owe.

 

Thank You again

 

Boxertrio

[boxertrio]

Transunion, CSC, and Experian's predisput letters are in transit, certified no reciept. I have the green cards stapled to copies of the letter in each company's respective file folder. I guess now I wait it out.

 

Does the 30 day rule come into effect here, or do they have longer to respond?

 

I'm taking this time to fire off some settlement offers on some new bills I just recieved from the hospital. They usually take a little more off the top with a little sweet talking. Got to get these taken care of before I'm dealing with more CA's.

[bonbonXO]

with free credit reports the CRAs have 45 days to respond (plus 5 for mailing)

if you paid for the report than the CRAs have 30 day (plus 5 for mailing)

But usually it takes no longer than 30 days, with this dispute the longer it takes the better.

Unless the new addition of ARRA has a bearing on this.

[Why Chat]

with free credit reports the CRAs have 45 days to respond (plus 5 for mailing)

if you paid for the report than the CRAs have 30 day (plus 5 for mailing)

But usually it takes no longer than 30 days, with this dispute the longer it takes the better.

Unless the new addition of ARRA has a bearing on this.

No, the pending HIPAA privacy rules in the ARRA have no bearing on the mandated FACTA time lines for response.

[boxertrio]

Alright, 50 days then. Talk to you by October 2nd with results, until then I will read these threads and learn all I can.

 

Boxertrio

[boxertrio]

TU sent me a letter deleting all accounts. Can someone PM me on how to use the "back door"?

[bonbonXO]

http://creditboards.com/forums/index.php?showtopic=242892

TU should have sent a link to view your whole CR on line with their results, but I have had a hard time accessing my report that way.

That was a short 50 days, 1 out of 3 not bad...

[boxertrio]

"Not bad" indeed! After checking the link, and my pre HIPPA letter it looks like I didnt include an older med collection. Should I just wait a few months after the current disputes clear up and start over again with this one?

 

Thanks

 

Edit: Equifax deleted 3 and is "reinvestigating" the other 3. Its turning out that I dont even owe these bills!!!! I cant believe how much money I have paid out to these guys in the past that I dont even owe! How is this legal?!

Edited August 27, 2009 by boxertrio

[bonbonXO]

"Not bad" indeed! After checking the link, and my pre HIPPA letter it looks like I didnt include an older med collection. Should I just wait a few months after the current disputes clear up and start over again with this one? Yes, wait for the FULL results for your current HIPAA disputes, then we can take it from there!

 

Thanks

 

Edit: Equifax deleted 3 and is "reinvestigating" the other 3. Its turning out that I dont even owe these bills!!!! I cant believe how much money I have paid out to these guys in the past that I dont even owe! How is this legal?! Gotta respect Why Chat's HIPAA process is all I will say.

[boxertrio]

I fully respect the process! I dont understand it all, but I do believe in it! I still dont see how the CA's get away with collecting these debts that aren't even owed. I was SURE I owed some of these, but I have recieved nothing from them. I am guessing if I owe them real money, they will respond do to the investigation from the preHIPPA letter.....correct?

[boxertrio]

Hello again! CSC and EQ deleted four and updated two, TU deleted all of them!

 

The two that remain are local guys and fairly recent <1 yr.

 

What is my next step?

 

While I was starting the preHIPPA on these 6 accounts, Saint Louis University Hospital nailed 6 new ones to my reports! So when can I restart the process on those?

 

Thank You

[Why Chat]

Hello again! CSC and EQ deleted four and updated two, TU deleted all of them!

 

The two that remain are local guys and fairly recent <1 yr.

 

What is my next step?

 

While I was starting the preHIPPA on these 6 accounts, Saint Louis University Hospital nailed 6 new ones to my reports! So when can I restart the process on those?

 

Thank You

The HIPAA letter program was designed to PAY legitimate medical bills to the OC health care provider.

 

If you have recent NEW bills reporting that you have been billed by the OC and that matches your EOMB from your insurance, i.e. patient responsibility, and they have NOT been paid, then pay them to the OC with the HIPAA letter insert "a".WITHOUT sending the initial dispute letter.

 

If the 2 "remaining" ones that you have disputed match your EOMB then pay them also to the OC with the HIPAA letter insert "a".

 

In both of these situations, check the health care billing charts linked within insert "a" for the correct discounted amounts to pay.

[boxertrio]

Thanks Why Chat....I will send payment with insert (a), it will be a relief to get them off my reports!

[boxertrio]

Update: All the balances match the EOB's, so I have money orders totaling 3245.67$ in front of me. I am making copies front and back and am getting ready to stuff envelopes. Six accounts with one CA and 2 with another, the first 6 with one hospital and the other two to another hospital.

 

They should receive the money by Tuesday, when can I expect deletion from my reports? I plan on listing all the accounts to each hospital in one letter, is that ok, or should I send 8 individual letters?

[Why Chat]

Update: All the balances match the EOB's, so I have money orders totaling 3245.67$ in front of me. I am making copies front and back and am getting ready to stuff envelopes. Six accounts with one CA and 2 with another, the first 6 with one hospital and the other two to another hospital.

 

They should receive the money by Tuesday, when can I expect deletion from my reports? I plan on listing all the accounts to each hospital in one letter, is that ok, or should I send 8 individual letters?

One letter listing the accounts and naming the CA's ( if any) for those accounts. DO NOT FORGET the restrictive endorsement on the back of EACH money order and a notation on the front as to WHICH account it is for, also make sure you make a copy of each money order FRONT AND BACK. Include copies of the appropriate EOB's.

[boxertrio]

Received all the MO's back today from hospital with a letter telling me they do not accept any form of payment with a restrictive endorsement When I called the billing dept, they said it was an administrative policy and the could not deviate.

 

They offered to update all accounts as Paid and Closed upon receiving a new method of payment. I know this defeats the whole process......now what?

[Why Chat]

Received all the MO's back today from hospital with a letter telling me they do not accept any form of payment with a restrictive endorsement When I called the billing dept, they said it was an administrative policy and the could not deviate.

 

They offered to update all accounts as Paid and Closed upon receiving a new method of payment. I know this defeats the whole process......now what?

OK, let me understand QUITE CLEARLY what you did.

You sent individual money orders for each account, on the back the ONLY thing you printed was "For deposit only account of ( name of OC)"

 

You sent this with the HIPAA letter insert "a".

 

If so, what State are you in??

 

You need to send the OC a letter addressed to their LEGAL DEPARTMENT and state that you have sent money orders, which are the SAME as cash for payment on your accounts and they refused to accept payment. Include a copy of each money order ( front and back) and a copy of the letter that returned them. State that there was NO RESTRICTIVE ENDORSEMENT on the money orders, only a perfectly legal BANKING DEPOSIT instruction to insure that the money orders, which are the SAME AS CASH were not deposited to any account other than that of the OC. State that a copy of all correspondence will be forwarded to the proper State agencies for action under their Hospital billing and insurance oversight regulations as their refusal to accept cash payments are a violation of State and Federal statutes.

State that you will give them 10 days to respond with instructions to resubmit the money orders for acceptance as required by State and Federal statutes before filing complaints.

[boxertrio]

Yes, all I wrote was "For Deposit Only St Loius University Hospital". They process all payments as Tenet Health Care, which is the umbrella under which the Hospital and their Collection branch operate under. I was told to make all payments to "Tenet", however I am still using Saint Louis University instead.

 

I'll fire off your recommendations tomarrow......Thank You again!