General question before beginning the HIPAA process

[devney]

Hello, all.

 

I have been looking over my credit reports and have a few medical collections on them, all are unpaid.

 

Two are recent and two are six years old.

 

I know I have read in here that you should include all your medical accounts when you begin to dispute BEFORE you do anything else on your credit reports. (I have opted out and have requested deletion of erroneous personal info.)

 

The two recent accounts I can pay...I can not in any way, shape or form afford the older hospital bills at this time. Should I just begin the HIPAA process on the accounts I can afford to pay and ignore the others for now? They are scheduled to fall off in 12/10.

 

Also, I am in Florida, where the SOL on written contracts is 4 years and the SOL on open contracts is 5 years. (I'm pretty sure I have that right.) This means I can not be sued, correct? I am not exactly sure if a hospital bill falls under these SOLs, and I can't find that exact info anywhere. The hospital in question is a "non-profit, community hospital."

 

Thanks for any insight.

[Why Chat]

Hello, all.

 

I have been looking over my credit reports and have a few medical collections on them, all are unpaid.

 

Two are recent and two are six years old.

 

I know I have read in here that you should include all your medical accounts when you begin to dispute BEFORE you do anything else on your credit reports. (I have opted out and have requested deletion of erroneous personal info.)

 

The two recent accounts I can pay...I can not in any way, shape or form afford the older hospital bills at this time. Should I just begin the HIPAA process on the accounts I can afford to pay and ignore the others for now? They are scheduled to fall off in 12/10.

 

Also, I am in Florida, where the SOL on written contracts is 4 years and the SOL on open contracts is 5 years. (I'm pretty sure I have that right.) This means I can not be sued, correct? I am not exactly sure if a hospital bill falls under these SOLs, and I can't find that exact info anywhere. The hospital in question is a "non-profit, community hospital."

 

Thanks for any insight.

First of all, you have the Fl SOL data reversed, it is 5 years for contracts in writing and 4 years for open ended or "book" accounts like medical/hospital bills.

http://whychat.5u.com/States/state-fl.html

 

Unless you have been unavailable for service, or have already been sued by the hospital, there is NO way that any CA who is reporting on your "hospital" account can legally collect from you.

 

Just dispute ALL medical accounts with the initial dispute letter, you may find that you won't have to pay even the fairly recent ones. There is NO obligation to pay even if the accounts are verified.

 

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

[devney]

Thank you, WhyChat. I most certainly did get those backwards! Hmmmph!

 

I will send out those letters as soon as I get my replies from my address disputes. I'm hoping it will be soon.

 

I do have another issue with a wrong social being reported on EX that I have not disputed yet because i have some concerns. Could one of the experts here take a look at my thread from the main credit forum and offer any opinion?

 

http://creditboards.com/forums/index.php?showtopic=408650

 

I am really afraid that this may land me in hot water for loan fraud.

[Why Chat]

Thank you, WhyChat. I most certainly did get those backwards! Hmmmph!

 

I will send out those letters as soon as I get my replies from my address disputes. I'm hoping it will be soon.

 

I do have another issue with a wrong social being reported on EX that I have not disputed yet because i have some concerns. Could one of the experts here take a look at my thread from the main credit forum and offer any opinion?

 

http://creditboards.com/forums/index.php?showtopic=408650

 

I am really afraid that this may land me in hot water for loan fraud.

If the loan was paid off as agreed and is appearing as a "good" account on your credit reports, then leave it alone. If it shows lates, or is in the derogatory account area for ANY reason, you should dispute the account off your reports and THEN dispute the incorrect DOB and SS #.

[devney]

Oh boy! I knew this wasn't going to be simple!

 

That loan had several 30-day lates and appears to be reporting accurately as far as I can tell. I haven't ventured too much into researching regular credit disputes because I figured I'd start with the medical.

 

Would you still recommend starting with the medical, then disputeing the loan TL, then the social and DOB? Is that the recommended order?

 

I can't imagine what I'd say to dispute the auto loan. Should I just dispute the lates and try to get the account in good standing? I don't see any way to dispute the account in its entirety. (I admit, I am not well-versed in these processes yet, but I am trying to learn.)

[bonbonXO]

I am no expert- but I would agree with

bostonte

Especially if it's a 5/6 issue, I don't think there would be any problem.

 

That's easily explained by misreading someone's writing. People's writing gets really odd when they have to squish it into those little boxes they put for the social.

5/6 7/9 etc.

 

You didn't do it intentionally. Fraud usually requires intent.

Mazda Finance isn't going to pull your application and look at it. Even if they still had it, they don't care.

This could also be explained as a data entry error, I always use the key pad to enter numbers (right side of the key board.) You should contact Mazda, I am assuming the TL is reporting as a Positive but even if it is not get them your correct SS#. Both myself and my DH have had "variations" of our SS# reported to EXP, we didn't think it was any "big deal" until we were asked to sign and affidavit requested by an underwriter that we had used different SS# to apply for credit in the past and we refuse, because we were no way no how going to put in writing that we used different SS# to apply for credit.

I would also try to get this correct before the Pre-HIPAA, dispute, as it falls under personal information, but it is not 100% necessary.

[devney]

OK, I just called Mazda and they were unable to find the account using my real social, but they DID find it by my first and last name...so I think my hunch was correct.

 

However, they said since the account was paid and closed in '05 they could not access any info or files on the account to see what ss and dob was associated with it. I suppose my next step should be to just dispute it with EX, yes?

[Why Chat]

OK, I just called Mazda and they were unable to find the account using my real social, but they DID find it by my first and last name...so I think my hunch was correct.

 

However, they said since the account was paid and closed in '05 they could not access any info or files on the account to see what ss and dob was associated with it. I suppose my next step should be to just dispute it with EX, yes?

What was the date of the "late"?? Having already called Mazda and obtained the data from their archives, it is now in active data status and it is probably going to be difficult now to dispute it.

 

In this case, I would suggest you wait until your medical disputes are done and then figure out ( there is a link somewhere in the credit forum to a "score" calculator) and see if the "lates" are affecting your score more negatively than the age of the account is affecting it positively.

 

If it would increase your score to get it deleted, in THIS CASE I would suggest disputing it on line as "never late" and see what happens. If your score would be impacted negatively by having the aged tradeline deleted, then leave it and your incorrect SS# and DOB alone.

[devney]

Thanks again. I will get my reports together and star a new thread with the details of my medical accounts soon. (Unless you'd rather me add them to this thread?)

 

There are several lates on that Mazda account. There was a string of lates in a row in 2003, one in '04 and one in '05. I will look for that calculator you mentioned. The one good thing about my reports (and there is not much) is that all of my oldest accounts (from the '90s) are all good, although all are closed now. It wasn't until my marriage imploded (2003 until the divorce in 2007) that my credit tanked.

[Why Chat]

Thanks again. I will get my reports together and star a new thread with the details of my medical accounts soon. (Unless you'd rather me add them to this thread?)

 

There are several lates on that Mazda account. There was a string of lates in a row in 2003, one in '04 and one in '05. I will look for that calculator you mentioned. The one good thing about my reports (and there is not much) is that all of my oldest accounts (from the '90s) are all good, although all are closed now. It wasn't until my marriage imploded (2003 until the divorce in 2007) that my credit tanked.

Add your medical stuff to THIS thread, it is already in the medical forum.

[devney]

OK, address deletions are done.

 

One quick question about opting out. I opted out from the credit bureas but saw another link on the WhyChat page about opting out from all creditors. It was a much more involved process than what I did. Is the opting out from the credit bureaus suffucient? (I had gotten the optoutprescreen link from the credit forum.)

 

Anyway, here's what's reporting on my CR's:

 

TU:

 

Allied Collection Services #XXXXXX

Their address

Balance: $81

Date updated: 5/2008

Orig. amount: $80

Orig. creditor: US Healthworks (I have no idea who this is)

Past due: $81

Pay status: Collection account

Account type: open account

Responsibility: Individual account

Loan type: Collection agency/attorney

Remarks: Placed for collection

Date placed for collection: 3/2008

estimated date of removal: 2/2015

 

EX:

Same as above, plus...

 

Focus Financial

their address

Acct.: XXXXXXX

Original Creditor: Local hospital #1

Date opened: Oct. 2004

Reported since: Dec. 2003

Date of status: Dec. 2003

Last reported: Jan. 2005

Type: Collection

Terms: NA

Monthly payment: NA

Responsibility: Individual

Credit limit or original amount: $1,439

High balance: NA

Recent balance: $1,439 as of Jan. 2005

Status: Collection account

Scheduled to stay on record until Jun. 2010

 

Focus Financial

address

Date opened: Dec. 2007

Reported since: April 2008

Date of status: April 2008

Last reported: April 2008

Type: Collection

Terms: 1 month

Monthly payment: NA

Resp: Individual

Credit limit or original amount: $100

High balance: NA

Recent balance: $100 as of April 2008

Scheduled to stay on until May 2014

Orig. Creditor -- local hospital #2

 

And finally EQ:

 

PB Credit Adjustment (This is the SAME company as Focus Financial above)

address

Collection reported: 1/2005; Assigned 10/2004; Client --Local hospital #1; Amount: $1,439; Status as of 1/2005-- unpaid; DOFD -- 12/2003; Balance as of 1/2005-- $1,439; Individual account; Account number-- XXXXXXXXX (numer is listed in full)

 

PB Credit Adj.

address

Collection reported: 9/2004; Assigned 5/2004; Client -- local hosp. #1; Amount $7,928; DOFD 12/2003; Status-- unpaid, etc.

 

Sorry if this is overkill. I just don't want to make any errors. I have to be honest, I'm terrified of that last bill. I KNOW it is a valid bill but there is no way I can pay it. I read in another thread (i've been reading this forum a lot lately) that the courts do not accept SOL as an affirmative defense when it is a hospital bill because they receive federal $. I can't afford a judgment -- my only saving grace is that in Florida my wages can't be garnished because I'm Head of household.

 

The CA that has that and the other large bill is local and appears to be an assignee of all the local hospitals.

 

I apologize for freaking out about this. I'm just very afraid of those "unintended consequences" by stirring this one up. (and the $1,400 one, actually). I wish I could pay them....I would. I just can't.

 

Should i just suck it up and send the pre-hipaa letters to the CRAs for all of these?

 

Thanks again, Whychat, for your patience and assistance.

[bonbonXO]

OK, address deletions are done.

 

One quick question about opting out. I opted out from the credit bureas but saw another link on the WhyChat page about opting out from all creditors. It was a much more involved process than what I did. Is the opting out from the credit bureaus suffucient? YES (I had gotten the optoutprescreen link from the credit forum.)

 

Anyway, here's what's reporting on my CR's:

 

TU:

 

Allied Collection Services #XXXXXX

Their address

Balance: $81

Date updated: 5/2008

Orig. amount: $80

Orig. creditor: US Healthworks (I have no idea who this is)

Past due: $81

Pay status: Collection account

Account type: open account

Responsibility: Individual account

Loan type: Collection agency/attorney

Remarks: Placed for collection

Date placed for collection: 3/2008

estimated date of removal: 2/2015

 

EX:

Same as above, plus...

 

Focus Financial

their address

Acct.: XXXXXXX

Original Creditor: Local hospital #1

Date opened: Oct. 2004

Reported since: Dec. 2003

Date of status: Dec. 2003

Last reported: Jan. 2005

Type: Collection

Terms: NA

Monthly payment: NA

Responsibility: Individual

Credit limit or original amount: $1,439

High balance: NA

Recent balance: $1,439 as of Jan. 2005

Status: Collection account

Scheduled to stay on record until Jun. 2010

 

Focus Financial

address

Date opened: Dec. 2007

Reported since: April 2008

Date of status: April 2008

Last reported: April 2008

Type: Collection

Terms: 1 month

Monthly payment: NA

Resp: Individual

Credit limit or original amount: $100

High balance: NA

Recent balance: $100 as of April 2008

Scheduled to stay on until May 2014

Orig. Creditor -- local hospital #2

 

And finally EQ:

 

PB Credit Adjustment (This is the SAME company as Focus Financial above)

address

Collection reported: 1/2005; Assigned 10/2004; Client --Local hospital #1; Amount: $1,439; Status as of 1/2005-- unpaid; DOFD -- 12/2003; Balance as of 1/2005-- $1,439; Individual account; Account number-- XXXXXXXXX (numer is listed in full)

 

PB Credit Adj.

address

Collection reported: 9/2004; Assigned 5/2004; Client -- local hosp. #1; Amount $7,928; DOFD 12/2003; Status-- unpaid, etc.

 

Sorry if this is overkill. I just don't want to make any errors. I have to be honest, I'm terrified of that last bill. I KNOW it is a valid bill but there is no way I can pay it. I read in another thread (i've been reading this forum a lot lately) that the courts do not accept SOL as an affirmative defense when it is a hospital bill because they receive federal $. I can't afford a judgment -- my only saving grace is that in Florida my wages can't be garnished because I'm Head of household. If you have not been sued you are not going to this is too old

 

The CA that has that and the other large bill is local and appears to be an assignee of all the local hospitals.

 

I apologize for freaking out about this. I'm just very afraid of those "unintended consequences" by stirring this one up. (and the $1,400 one, actually). I wish I could pay them....I would. I just can't.

 

Should i just suck it up and send the pre-hipaa letters to the CRAs for all of these?

LOL, Yes, just suck it up and send the pre-hipaa dispute out, When I started credit repair, I had 35K in medical collections, all over 1 hospital stay. I was confused and freaking out too. The whole hospital stay was only 35K and I had insurance. They have all been gone for a very long time and I would say, 75% came off with the PRE-HIPAA Dispute.

 

Just dispute ALL medical accounts with the initial dispute letter, you may find that you won't have to pay even the fairly recent ones. There is NO obligation to pay even if the accounts are verified.

Make sure you delete old addresses when possible.

http://whychat.5u.com/hipaadisp.html make sure you follow the instructions even if they seem a little odd, personalized stationary, teal or lilac font, hand addresses envelop and CM NO RR.

You may list all accounts in one letter.

 

Thanks again, Whychat, for your patience and assistance.

[devney]

Ah, thank you! And thank you for not thinking I'm a total baby for being nervous about this! I had insurance, too...you wouldn't believe me if I told you my sob story as to why they remain unpaid. We all have a sob story, though, don't we?

 

So each CRA gets one letter with all accounts that the CRA is reporting listed in said letter, right? I have my yellow lined legal paper and purple pen. So far so good, yes? (I apparantly need a lot of hand-holding!)

[Why Chat]

Ah, thank you! And thank you for not thinking I'm a total baby for being nervous about this! I had insurance, too...you wouldn't believe me if I told you my sob story as to why they remain unpaid. We all have a sob story, though, don't we?

 

So each CRA gets one letter with all accounts that the CRA is reporting listed in said letter, right? I have my yellow lined legal paper and purple pen. So far so good, yes? (I apparantly need a lot of hand-holding!)

If you are handwriting your dispute, you can use a regular pen. The automatic word recognition programs can not process handwritten letters especially on a blue lined background. It is only if you are doing it on your computer that font colors matter, as the "reading" programs CAN read any computer font unless it is in a blue toned font printed on a background that has the same colors. There is a nice "cloud" background paper available at most office supply stores that seems to work very well with teal or purple italic font.( tested with a similar program) Make sure the envelope is clearly hand addressed printed in black as the PO also uses automated recognition software.

 

Also make sure that in each letter to each CRA that the medical accounts ONLY are being disputed and that the account data is exactly as shown on THAT CRA report.

[devney]

Ah, thank you! And thank you for not thinking I'm a total baby for being nervous about this! I had insurance, too...you wouldn't believe me if I told you my sob story as to why they remain unpaid. We all have a sob story, though, don't we?

 

So each CRA gets one letter with all accounts that the CRA is reporting listed in said letter, right? I have my yellow lined legal paper and purple pen. So far so good, yes? (I apparantly need a lot of hand-holding!)

If you are handwriting your dispute, you can use a regular pen. The automatic word recognition programs can not process handwritten letters especially on a blue lined background. It is only if you are doing it on your computer that font colors matter, as the "reading" programs CAN read any computer font unless it is in a blue toned font printed on a background that has the same colors. There is a nice "cloud" background paper available at most office supply stores that seems to work very well with teal or purple italic font.( tested with a similar program) Make sure the envelope is clearly hand addressed printed in black as the PO also uses automated recognition software.

 

Also make sure that in each letter to each CRA that the medical accounts ONLY are being disputed and that the account data is exactly as shown on THAT CRA report.

 

Got it! After writing out the first one last night, I was like, "This is for the birds!" I saw cloud paper at Walmart this afternoon and ALMOST bought it but wasn't sure if it was the right thing. Going back to get it right now!

 

Only medical accounts...check! And written exactly how it appears on the CRA that I'm writing to...check!

 

I can't thank both of you enough, bonbon and WhyChat. I really appreciate the time you put into this.

[devney]

Quick question...

 

Sent the letters out on Sept. 22nd. I just signed up for CCT last week to monitor my reports and noticed that the account that had previously only been listed on TU is now also listed on EX -- and both reports are showing an updated $$ amount. It was apparently inserted a few days before I sent out the dispute letters.

 

How should I handle this with EX...since it was not included in the dispute letter I sent to them?

[devney]

Any suggestions about what to do with the account that has just appeared on EX?

[Why Chat]

Any suggestions about what to do with the account that has just appeared on EX?

Send the reporting CA the medical DV,

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

if that account was not deleted from TU you can use that letter in the follow up to TU

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

and do a new dispute to Ex with the same follow up letter ( edited).

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),and have had no valid response.

Edited September 30, 2009 by Why Chat

[devney]

Any suggestions about what to do with the account that has just appeared on EX?

Send the reporting CA the medical DV,

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

if that account was not deleted from TU you can use that letter in the follow up to TU

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

and do a new dispute to Ex with the same follow up letter ( edited).

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),and have had no valid response.

 

 

Thank you, WhyChat. I have to admit I'm starting to feel a little dumb because I'm confused.

 

Just to clarify, I am going to send the medical DV to the CA and reference only the account as it's being reported on EX and NOT TU at this point because TU is still investigating it? And when i get the full response back from TU for this account, will I be sending them another medical DV about this account?

 

Does it matter that the same CA has two other accounts of mine that are currently under investigation with the CRAs? My understanding is that I will be waiting for the full results from all 3 CRAs BEFORE i send them the med. DVs refercing the other accounts? Is this correct?

 

My apologies for seeming so thick. I hope my questions were clear.

[Why Chat]

Any suggestions about what to do with the account that has just appeared on EX?

Send the reporting CA the medical DV,

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

if that account was not deleted from TU you can use that letter in the follow up to TU

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

and do a new dispute to Ex with the same follow up letter ( edited).

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),and have had no valid response.

 

 

Thank you, WhyChat. I have to admit I'm starting to feel a little dumb because I'm confused.

 

Just to clarify, I am going to send the medical DV to the CA and reference only the account as it's being reported on EX and NOT TU at this point because TU is still investigating it? And when i get the full response back from TU for this account, will I be sending them another medical DV about this account?

 

Does it matter that the same CA has two other accounts of mine that are currently under investigation with the CRAs? My understanding is that I will be waiting for the full results from all 3 CRAs BEFORE i send them the med. DVs refercing the other accounts? Is this correct?

 

My apologies for seeming so thick. I hope my questions were clear.

Your questions are quite clear, MY response was NOT.

 

Wait until you get a response from your existing disputes before sending anything out. IF TU verifies, then you can send the CA the medical DV for BOTH TU and Ex ( separate letters in the same CMRR envelope) the only difference would be that in your follow up letter to Ex, you would omit the sentence referring to the response from your prior dispute.

 

If TU deletes, then send it to the CA just for Ex. ( Check your Eq report before doing so)

[devney]

Thank you so much...I understand now!

 

(I thought i was going to have to go have my head checked, lol.)

[devney]

So far, only Equifax has responded, and they verified.

 

I talked to my attorney (not a consumer-related attorney) and she says this particular CA is nasty, nasty. It appears as soon as they got word of my dispute from Eq, they added the big bill to Ex (it had not previously been there. It appeared on 10/2, according to CCT. So now that's TWO that were not previously on Ex that are on there now. Ugh! I feel hopeless.

 

Not to mention, as soon as I disputed, EQ dropped a few of my old, closed accounts that were reporting as positive. Those companies are hateful.

[devney]

OK, so I finally have all my results back from the CRAs.

 

TU deleted the one account with Allied. There are currently NO medical accounts on TU.

 

EQ verified in less than a week! Both Focus Fin. accounts verified.

 

EX took the whole 30+ days and deleted only the Allied account. Verified the Focus Fin.

 

However, all three accounts from this CA are now reporting on BOTH EX and EQ -- where previously only two of the three were reporting on each.

 

I believe the next step is to send out the medical DV to this rotten CA? I can only afford to pay the account that is $100. I am also 99.99% certain they do have an existing relationship with both hospitals.

 

Just send it, right? And include all accounts that are currently reporting? (Even if they were not included on my prior pre-HIPAA dispute?) I'm just a little confused since the CA updated both reports to include all three accounts.

[devney]

tiny bump...because i seem to keep getting buried....

[Why Chat]

OK, so I finally have all my results back from the CRAs.

 

TU deleted the one account with Allied. There are currently NO medical accounts on TU.

 

EQ verified in less than a week! Both Focus Fin. accounts verified.

 

EX took the whole 30+ days and deleted only the Allied account. Verified the Focus Fin.

 

However, all three accounts from this CA are now reporting on BOTH EX and EQ -- where previously only two of the three were reporting on each.

 

I believe the next step is to send out the medical DV to this rotten CA? I can only afford to pay the account that is $100. I am also 99.99% certain they do have an existing relationship with both hospitals.

 

Just send it, right? And include all accounts that are currently reporting? (Even if they were not included on my prior pre-HIPAA dispute?) I'm just a little confused since the CA updated both reports to include all three accounts.

I hope you have opted out before starting this dispute process;

http://whychat.5u.com/OPTOUTINST.HTML

 

Send the medical DV to the CA, list all the accounts they are reporting;

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

 

Not to mention, as soon as I disputed, EQ dropped a few of my old, closed accounts that were reporting as positive. Those companies are hateful.

 

If you disputed old addresses off without notifying your old closed account of your current address, then their automated report system would have blocked the continuation of your "good" closed accounts. Try notifying those Companies of your correct address and request they reinsert your "good" accounts.