Should I start over?

[Diane27]

Hello,

 

I began this process in March 2009, but didn't follow up in a timely manner. The baddies are 2 Paid (to OC) Medical Accounts reporting on all 3 CRA's. (I've never contacted the CA's, only the OC's.)

 

Here is what I've done so far:

 

March 2009: Opted out and updated addresses.

March 2009: Sent Pre-HIPAA Medical Dispute Letters to all 3 CRA's

April 2009: Received "Account Verified" letter on both debts from Experian & Equifax.

April 2009: Received "Account Verified" letter on 1 debt from TransUnion. They deleted the 2nd debt. (yay!)

**I did not receive a single thing from any CA's.**

 

 

Unfortunately, I didn't jump on the next step in the process, and it's been almost 6 months. My question is: Can I go ahead and send the "Alternate Medical DV for accounts that have been PAID to the Reporting CA and are being reported as PAID COLLECTIONS" letter to the CA's? Or do I need to start over since I let almost 6 months lapse?

[Why Chat]

Hello,

 

I began this process in March 2009, but didn't follow up in a timely manner. The baddies are 2 Paid (to OC) Medical Accounts reporting on all 3 CRA's. (I've never contacted the CA's, only the OC's.)

 

Here is what I've done so far:

 

March 2009: Opted out and updated addresses.

March 2009: Sent Pre-HIPAA Medical Dispute Letters to all 3 CRA's

April 2009: Received "Account Verified" letter on both debts from Experian & Equifax.

April 2009: Received "Account Verified" letter on 1 debt from TransUnion. They deleted the 2nd debt. (yay!)

**I did not receive a single thing from any CA's.**

 

 

Unfortunately, I didn't jump on the next step in the process, and it's been almost 6 months. My question is: Can I go ahead and send the "Alternate Medical DV for accounts that have been PAID to the Reporting CA and are being reported as PAID COLLECTIONS" letter to the CA's? Or do I need to start over since I let almost 6 months lapse?

Go ahead and send the medical DV to the reporting CA(s), be sure you send 3 letters, in the same envelope one for each CRA still showing the account on their reports. You send the regular medical DV to those accounts reporting as having a balance due, even if you have actually paid them;

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

 

You send the "paid" medical DV only to any CA REPORTING as paid;

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

 

In both cases you send the follow up dispute as soon as you have the green card back from your medical DV's

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

 

Because of the time that has lapsed from your initial disputes, you should get new copies of all your reports, as although the accounts may have been "verified" by the CRA's they still may have been deleted.

Edited September 28, 2009 by Why Chat

[Diane27]

Thank you so much for your help. Before I send my letters off, I just wanted to double-check I'm doing the correct steps in the correct order. The title of the DV letter to the CA says:

Alternate Medical DV for accounts that have been PAID TO THE REPORTING CA AND ARE BEING REPORTED AS "PAID COLLECTIONS"

 

Just to be sure, I paid the OC, not the CA. It is the CA reporting as PAID on my CR though.

 

Do I continue with this step: DV the CA? Or do I send the letter to the OC with Insert "B" because I paid them?

 

 

Thank you in advance for your advice.

[Why Chat]

Thank you so much for your help. Before I send my letters off, I just wanted to double-check I'm doing the correct steps in the correct order. The title of the DV letter to the CA says:

Alternate Medical DV for accounts that have been PAID TO THE REPORTING CA AND ARE BEING REPORTED AS "PAID COLLECTIONS"

 

Just to be sure, I paid the OC, not the CA. It is the CA reporting as PAID on my CR though.

 

Do I continue with this step: DV the CA? Or do I send the letter to the OC with Insert "B" because I paid them?

 

 

Thank you in advance for your advice.

Yes, I should perhaps change that heading. IF you had paid the OC with the HIPAA letter insert "a" then a different approach would be suggested, however, in order to try to get proof of a CURRENT connection and on-going communication between the reporting CA and the OC you need to send the medical DV for accounts reporting as paid. This would give an opportunity ( unless deleted with the follow up letter) to use the HIPAA letter insert "b" to the OC.

[Why Chat]

duplicate

Edited October 8, 2009 by Why Chat

[Diane27]

I sent the DV letters to the CA's (one for each reporting CRA in the same envelope CMRR). I just got the green cards back, and I know the next step is to send this letter to the CRA's: http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

 

My questions are: Do I just include copies of the green cards as proof of receipt? Or do I include copies of my full letters sent to each CA as well? Also, can I include two different CA's and their green cards in the same envelope (CMRR) to the CRA?

 

Thank you!

[Diane27]

Sorry, more questions:

 

Do I sign this letter to the CRA's? (I know NOT to sign letters to CA's).

 

Also, is there a need for colored paper/font as I did with the Pre-HIPAA letters to CRA's?

[Why Chat]

I sent the DV letters to the CA's (one for each reporting CRA in the same envelope CMRR). I just got the green cards back, and I know the next step is to send this letter to the CRA's: http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

 

My questions are: Do I just include copies of the green cards as proof of receipt? Or do I include copies of my full letters sent to each CA as well? Also, can I include two different CA's and their green cards in the same envelope (CMRR) to the CRA?

 

Thank you!

You can send the copies of BOTH the letters and BOTH the green cards to each CRA in one letter in one CMRR envelope;

 

as follows;

Dear CRA,

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

 

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

 

I have no knowledge or records of account # xxxxx and account # xxxxxx on my report # xxxxx.

 

I have disputed these unknown medical accounts with the reporting Collection Agents,( copies enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had no valid responses.

 

Please advise me as to the names and addresses of each health care provider, the name of the patient, and the reported dates of service,as any account I might have had at one time would be obsolete.

 

If you can obtain this information, I also would need the names of the persons providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

If you are unable to verify and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

 

Please note that as a recipient of private medical data you are also subject to the provisions 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. Please note that the effective date for enforcement of penalties against you for this breach is February 17, 2009.

 

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Very truly yours,

 

xxxxxx

[Diane27]

Thank you for your reply!

 

So before I had a chance to send out my follow-up letters to the CRAs with copies of the green cards and DV letters, I got a reply in the mail from one of the CA's I DV'ed.

They said they are deleting my collection from all the Bureaus!! Woo hoo!!

 

So, I'm assuming I should not send follow-up letters to the CRA's about this collection, and wait to see if it is deleted from my report. I still have the other CA reporting my other paid medical bill, so I do need to send the follow-up letter to the CRA's about that CA.

 

My question is: Should I wait to make sure the first collection is taken off all reports before sending my follow-up about the other collection? That way, if the first collection doesn't come off as promised, I can send the follow-up letters about both CA's in the same envelope and at the same time. I guess I am hesitant to send the follow-up about the one collection, and later have to send about the other collection if it doesn't come off like promised. (I do have a letter stating the CA will inform all bureaus to remove this collection.)

[Why Chat]

Thank you for your reply!

 

So before I had a chance to send out my follow-up letters to the CRAs with copies of the green cards and DV letters, I got a reply in the mail from one of the CA's I DV'ed.

They said they are deleting my collection from all the Bureaus!! Woo hoo!!

 

So, I'm assuming I should not send follow-up letters to the CRA's about this collection, and wait to see if it is deleted from my report. I still have the other CA reporting my other paid medical bill, so I do need to send the follow-up letter to the CRA's about that CA. Send the follow up letter, do BOTH accounts with one follow up letter and copies of both medical DV's and green cards. NEVER NEVER NEVER trust a CA

 

My question is: Should I wait to make sure the first collection is taken off all reports before sending my follow-up about the other collection? That way, if the first collection doesn't come off as promised, I can send the follow-up letters about both CA's in the same envelope and at the same time. I guess I am hesitant to send the follow-up about the one collection, and later have to send about the other collection if it doesn't come off like promised. (I do have a letter stating the CA will inform all bureaus to remove this collection.)

[Diane27]

Ok, I sent the follow up letters and copies of both medical DV's and green cards to all CRA's. I received back all 3 green cards.

 

TU deleted! woo hoo!

 

 

I just received a letter from EQ that states:

 

"We received your request concerning your Equifax credit file.

However, with the information that you provided, Equifax was

unable to locate a credit file."

 

It then goes on to ask me to send copies of my SS card or pay stub and driver's license to verify my identification and address.

 

I'm very confused, because EQ does have my correct name and address on file. Further, when I sent my hand-written pre-HIPAA letters, they had no problem locating my credit file, investigating, and responding that my collections were verified. Why now are they unable to "locate my credit file"?

 

Please advise to my next step. Thank you!

[Diane27]

Ok, so I just received another letter from EQ. They said they are placing a Fraud Alert on my account! I don't want that, do I?

 

Further, they said they would alert TU and EX to add Fraud Alerts to my credit files with them! What do I do now?!

 

They said nothing in regard to my collections accounts I had sent the follow-up letter with the DV's sent to the CA's.

 

So, what should I do about the fraud alert? Should I contact them to take it off? What about the other bureaus? Should I send EQ the information they requested in the previous letter to verify my identity? (copy of SS card and driver's license) Please see previous post.

 

Please help!

[r2-d2]

Yes, go ahead and send EQ the information they requested. The fraud alert won't hurt anything, in fact they're helpful. Leave them alone until you have completed your credit repair.

[Diane27]

Ok, so my 1 stubborn collection account is still reporting to 2 CRA's. Here's my progress:

 

 

 

March 2009: Opted out and updated addresses.

 

March 2009: Sent Pre-HIPAA Medical Dispute Letters to EX & EQ.

 

April 2009: Received "Account Verified" letters from EX & EQ. **Received nothing from CA.**

 

Oct. 2009: Sent the DV letters to CA (one for each reporting CRA in the same envelope CMRR). Got the green cards back.

 

Nov. 2009: Sent follow-up letters to CRA's including copies of the letter and the green card to each CRA CMRR.

 

Nov. 2009: CRA's put a fraud alert on my file, but nothing was deleted.

 

Dec. 2009: Received communication from CA asking for details of my fraud accusation, including the police report that I filed on my identity theft.

 

**I ignored this letter from CA. I intended to go to the next step of sending the letter to OC with insert B, but I never got around to it.**

 

March 2010: Received Proof of Debt from CA. The CA enclosed a Patient Ledger from the hospital (OC). Included on the ledger is:

 

My name

Address/Phone

SS#

DOB

Insurance Information

Medical details: "ER Phys. Exam Level 5" and "891.2-Open Wound Leg"

Notes regarding my insurance benefits were exhausted

Notes when my acct. was sent to collection

Notes when I paid the bill. "Payment-Thank You." "In House Collection"

 

Ledger is stamped as received on Jan. 11, 2010. I had paid the OC back in Feb. of 2009.

 

So, my questions are: Is this a HIPAA violation of the hospital to transmit my private medical data to the CA? Or do the brief details not count as "medical data"? What step should I take as a result of receiving this proof of debt from the CA?

 

Thank you in advance!

[Why Chat]

You should send the OC the HIPAA letter insert "b"

 

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

[Diane27]

Ok, letter to the OC got the collection deleted from EX, (thought that was the hard one?) but EQ is still reporting it.

 

Since I got the green card back, I'm planning to send out the "Letter To CRA After HIPAA Letter" and then a copy of the same letter with the cover letter to the OC's HIPAA Compliance Dept.

 

 

My question is: Do I need to do special font/paper for the CRA letter (like the first letters we send to CRA's?) Also, don't do CMRR to CRA's, correct?

[Diane27]

Never mind to the question about colored font/paper. (I won't do that, just as I didn't do it when the follow-up letters were sent to CRA's before.)

 

 

My questions are: Do I send the "Letter To CRA After HIPAA Letter" CMRR? Do I sign it?

[Diane27]

Crap, the OC called me to discuss the HIPAA letter I sent. (with insert B.)

 

I know we never, never communicate with CA, but what about OC?

 

I had paid the OC a year ago, never had contact with CA. CA is reporting this as "paid". I've completed all steps of the HIPAA process, and it has led me to sending the HIPAA letter with insert B to the OC. I didn't hear anything for a month from them, and now someone has called me to "discuss" the letter I sent.

Do I call them back? Or just proceed with sending the follow-up letter to CRA and sending a copy with the cover letter to OC?

[Diane27]

^Bump^

 

 

Is it okay to call back the OC and explain what I'm requesting? (I sent the HIPAA letter with insert B.)

 

Or should I not have any verbal contact with the OC similar to a CA? I can't tell if the OC is confused by the HIPAA letter, or is going to argue the legality of the situation with me.

 

(OC has furnished my private medical data to CA. CA forwarded me a time/date stamped copy of my patient ledger--showing $0 balance--sent to them almost a year after I paid the OC directly.)

[Why Chat]

Crap, the OC called me to discuss the HIPAA letter I sent. (with insert B.)

 

I know we never, never communicate with CA, but what about OC?

 

I had paid the OC a year ago, never had contact with CA. CA is reporting this as "paid". I've completed all steps of the HIPAA process, and it has led me to sending the HIPAA letter with insert B to the OC. I didn't hear anything for a month from them, and now someone has called me to "discuss" the letter I sent.

Do I call them back? Or just proceed with sending the follow-up letter to CRA and sending a copy with the cover letter to OC?

You can call them if you wish, however it might be better to do the follow up dispute and copy and cover letter FIRST.

 

The reason being that if the CA still verifies to the CRA that the data is correct, in response to your follow up dispute,THAT verification is the violation of the HIPAA privacy rules.

[Diane27]

Ok, sent follow-up dispute to EQ and a copy + cover letter to OC.

 

 

I got a response back from EQ: VERIFIED!

 

The next day I got a check in the mail from the OC refunding the full amount I paid on this account. (I paid OC over a year ago.) It merely says, handwritten, "Account overpaid".

 

What does that mean?!? Did OC misinterpret the HIPAA letters? Why would they refund me this money they were paid so long ago (and rightly owed)? What should I do?

[Why Chat]

Ok, sent follow-up dispute to EQ and a copy + cover letter to OC.

 

 

I got a response back from EQ: VERIFIED!

 

The next day I got a check in the mail from the OC refunding the full amount I paid on this account. (I paid OC over a year ago.) It merely says, handwritten, "Account overpaid".

 

What does that mean?!? Did OC misinterpret the HIPAA letters? Why would they refund me this money they were paid so long ago (and rightly owed)? What should I do?

???? This is a new one for me!!!

 

OK, have you sent the reporting CA this ??:

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

 

and the follow up dispute to the CRA:

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

[Diane27]

Yes and yes.

 

Initially heard nothing from CA, and EQ verified. Much later, CA forwarded me a patient ledger with my medical data submitted from OC to CA that was dated as received by CA a year after I paid the bill in full to OC. And the patient ledger reflects my payment, and that a zero balance is due.

 

So, I sent letter to OC with insert "B". No response from OC, except a voice mail from I didn't return. Then I sent OC a copy of the follow-up dispute (to EQ) with the cover letter, and they sent me the check.

 

 

Can't fathom why they would do this, except if I cash the check then I owe OC/CA again, so no HIPAA violation??

[Why Chat]

Yes and yes.

 

Initially heard nothing from CA, and EQ verified. Much later, CA forwarded me a patient ledger with my medical data submitted from OC to CA that was dated as received by CA a year after I paid the bill in full to OC. And the patient ledger reflects my payment, and that a zero balance is due.

 

So, I sent letter to OC with insert "B". No response from OC, except a voice mail from I didn't return. Then I sent OC a copy of the follow-up dispute (to EQ) with the cover letter, and they sent me the check.

 

 

Can't fathom why they would do this, except if I cash the check then I owe OC/CA again, so no HIPAA violation??

Call the OC and see if you can talk to someone who is in charge.

 

There a a few possibilities.

 

1- The OC reviewed its records and found that you actually did NOT owe the balance you paid.

 

2- The CA although it had access to your medical data in some way, was NOT actually assigned any account by the OC.

 

3- No one at the OC or the CA has a clue about anything.

 

4- All of the above.

 

Hold on to the check until you get a statement from the OC that there is nothing due.

[Diane27]

GREAT NEWS!! It turns out other letters were coming from OC and CA, but the unexplained check reached me a few days earlier. So, the result of all this is...

 

THANKS TO WHYCHAT'S METHOD, the OC did request the CA to fully delete the account after I sent OC a copy of my follow-up dispute to EQ with the cover letter. I received a letter from OC stating so, and a letter from CA stating they've officially requested deletion from all CRA's as well. (EQ hasn't deleted yet, but I'm hoping any day now...)

 

 

BONUS!!!! The OC took it upon themselves to file a petition on my behalf to my insurance who initially denied payment. I should have followed up on this part myself, but I just paid the $400 out of pocket when it said I was denied. Even though the date of service was 2/2008 and I paid the bill 2/2009, their petition to re-file in 5/2010 worked, and therefore, OC sent me a $400 refund check!!

 

The increase I should gain in my FICO score will be priceless, but the very unexpected $400 in my pocket is nice too! Thanks WhyChat and CreditBoard!