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Experian refusing to investigate after pre-hipaa letter


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44 replies to this topic

#26 haru

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Posted 30 December 2011 - 10:22 PM

Free medical care through the hospital but the Anesthesiologist wasn't covered. Everything else covered by the hospital though ( 100% )



#27 Why Chat

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Posted 31 December 2011 - 01:33 PM

Free medical care through the hospital but the Anesthesiologist wasn't covered. Everything else covered by the hospital though ( 100% )

Well this is a "no brainer"

Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)


#28 haru

haru
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Posted 01 January 2012 - 10:03 PM


Free medical care through the hospital but the Anesthesiologist wasn't covered. Everything else covered by the hospital though ( 100% )

Well this is a "no brainer"

Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)


Sounds good, thanks for the help. Should I send this certified or not? Also, RR or not?

#29 Why Chat

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Posted 02 January 2012 - 12:07 PM



Free medical care through the hospital but the Anesthesiologist wasn't covered. Everything else covered by the hospital though ( 100% )

Well this is a "no brainer"

Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)


Sounds good, thanks for the help. Should I send this certified or not? Also, RR or not? Certified and RR- make sure you are sending it to a STREET address



#30 haru

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Posted 03 January 2012 - 06:32 PM




Free medical care through the hospital but the Anesthesiologist wasn't covered. Everything else covered by the hospital though ( 100% )

Well this is a "no brainer"

Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)


Sounds good, thanks for the help. Should I send this certified or not? Also, RR or not? Certified and RR- make sure you are sending it to a STREET address


I will have to order a copy of my medical records to find the name of the Anesthesiologist ( not on any of the bills ) then I will send it CMRRR and post back once I get a response ( or it's deleted )

#31 Why Chat

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Posted 03 January 2012 - 08:32 PM

I will have to order a copy of my medical records to find the name of the Anesthesiologist ( not on any of the bills ) then I will send it CMRRR and post back once I get a response ( or it's deleted )

Are you saying that the reporting CA on your copy of your report doesn't identify the name of the OC?? Or are you saying that it gives the name of the hospital.

If it gives the name of the hospital, and the hospital states that the Anesthesiologist bills through them, then ask the hospital for the name and address.( call them)

#32 haru

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Posted 04 January 2012 - 03:10 PM


I will have to order a copy of my medical records to find the name of the Anesthesiologist ( not on any of the bills ) then I will send it CMRRR and post back once I get a response ( or it's deleted )

Are you saying that the reporting CA on your copy of your report doesn't identify the name of the OC?? Or are you saying that it gives the name of the hospital.

If it gives the name of the hospital, and the hospital states that the Anesthesiologist bills through them, then ask the hospital for the name and address.( call them)


The bills I received don't have the Anesthesiologist's name on them. On my report the collection agency shows the Anesthesiologist billing group as the OC. When I called the hospital they said I would have to fill out a medical records request form to get that information.

#33 haru

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Posted 10 February 2012 - 06:40 PM


I will have to order a copy of my medical records to find the name of the Anesthesiologist ( not on any of the bills ) then I will send it CMRRR and post back once I get a response ( or it's deleted )

Are you saying that the reporting CA on your copy of your report doesn't identify the name of the OC?? Or are you saying that it gives the name of the hospital.

If it gives the name of the hospital, and the hospital states that the Anesthesiologist bills through them, then ask the hospital for the name and address.( call them)


I received a response today ( From a law office ) It states:

" Dear XXXX,

This firm represents ( Anesthesiologists billing group ) We are in receipt of your letter dated January 25th, 2012. The factual and legal representations in your letter are incorrect.

You received treatment in November of 2006 and incurred charges of $595.00. You have not paid for the services that were provided, and you remain obligated for the outstanding balance.

Please be advised that ( Anesthesiologists billing group ) intends to pursue all remedies available to it until such time as you remit payment. "

FYI I have no attachable assets or income so I'm not worried about being sued as they can't collect. I know most lawyers would do an asset search before even bothering with a suit. They haven't been able to provide anything to date with my signature on it. What should I do next? I was thinking of filing an FTC complaint against his office ( Doctor that is ) Thanks.

#34 haru

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Posted 11 February 2012 - 12:25 AM

bump

#35 Why Chat

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Posted 11 February 2012 - 10:17 AM

bump



Was this letter in response to your letter of 1/25 the HIPAA letter insert "b" that you were instructed to send to the Anesthesiologist office, NOT their billing department.) ??

Did you find the name and address of the OC from the hospital??

Look up the name of the Anesthesiologists , NOT the "billing group" send them the HIPAA letter in my earlier post


Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.)
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)



The FTC has nothing to do with the issue at this time, however, you can certainly file a complaint against the Anesthesiologist with your State Dept of Consumer Affairs and the insurance program you were covered under for the hospitalization.

#36 haru

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Posted 12 February 2012 - 03:16 AM


bump



Was this letter in response to your letter of 1/25 the HIPAA letter insert "b" that you were instructed to send to the Anesthesiologist office, NOT their billing department.) ??

Did you find the name and address of the OC from the hospital??

Look up the name of the Anesthesiologists , NOT the "billing group" send them the HIPAA letter in my earlier post


Send the Anesthesiologist the HIPAA letter insert "b" as follows:( send directly to the Anesthesiologist office, NOT their billing department.)
(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)

HIPAA Compliance Office
(Anesthesiologist )
(address)
(date)
Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___):

This account is a billing error.
The service was covered along with the concurrent hospital and surgery by (put in name of program)


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

(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 (name of BOTH your State and the OC State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.

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 (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) 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 since there is not and never was any payment due.

You are required under the FCRA and FACTA 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 this account, as there is no permitted business purpose.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference 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 of ( collection agency name) and to require them to have this account information deleted in its 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,

signature
(Your Name)



The FTC has nothing to do with the issue at this time, however, you can certainly file a complaint against the Anesthesiologist with your State Dept of Consumer Affairs and the insurance program you were covered under for the hospitalization.


Yes, this was sent directly to the Anesthesiologists office ( Not the billing group ) It was the letter from post # 27. I also fully C&D'd the law firm via CMRRR.

#37 Why Chat

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Posted 12 February 2012 - 10:37 AM

OK,
I think the letter from the CA was in response to your cease and desist, and that you have not as yet received a response from the Dr's office to your HIPAA letter. How long has it been since they received it??

If it has been more than 30 days with no response from them, then go to the follow up letters ( posted after insert "c") DO NOT respond to the CA in any way.

#38 haru

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Posted 12 February 2012 - 09:33 PM

OK,
I think the letter from the CA was in response to your cease and desist, and that you have not as yet received a response from the Dr's office to your HIPAA letter. How long has it been since they received it??

If it has been more than 30 days with no response from them, then go to the follow up letters ( posted after insert "c") DO NOT respond to the CA in any way.


Sorry, I should have clarified. I used the letter from post # 27 and sent it directly to the Anesthesiologists office ( Not the billing group ) I received the letter I put in post # 33 from a law office, that was the response I received to your letter in post # 27. The Anesthesiologist didn't respond directly, he's either hiding behind the billing group or just didn't know how to respond to the language of the letter. I sent the C&D letter to the law office as I'm not interested in their empty threats, the collection agency was C&D'd about a year ago. So even though it was sent directly to the Anesthesiologists office his office didn't respond, the law office for the billing group did.

#39 Why Chat

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Posted 12 February 2012 - 09:41 PM


OK,
I think the letter from the CA was in response to your cease and desist, and that you have not as yet received a response from the Dr's office to your HIPAA letter. How long has it been since they received it??

If it has been more than 30 days with no response from them, then go to the follow up letters ( posted after insert "c") DO NOT respond to the CA in any way.


Sorry, I should have clarified. I used the letter from post # 27 and sent it directly to the Anesthesiologists office ( Not the billing group ) I received the letter I put in post # 33 from a law office, that was the response I received to your letter in post # 27. The Anesthesiologist didn't respond directly, he's either hiding behind the billing group or just didn't know how to respond to the language of the letter. I sent the C&D letter to the law office as I'm not interested in their empty threats, the collection agency was C&D'd about a year ago. So even though it was sent directly to the Anesthesiologists office his office didn't respond, the law office for the billing group did.

Do the follow up letters ( posted after insert "c")
It is pointless to get into a pissing contest with any CA lawyer, only the threat of a HIPAA complaint against the OC will get you a valid response.

#40 haru

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Posted 22 February 2012 - 01:56 AM



OK,
I think the letter from the CA was in response to your cease and desist, and that you have not as yet received a response from the Dr's office to your HIPAA letter. How long has it been since they received it??

If it has been more than 30 days with no response from them, then go to the follow up letters ( posted after insert "c") DO NOT respond to the CA in any way.


Sorry, I should have clarified. I used the letter from post # 27 and sent it directly to the Anesthesiologists office ( Not the billing group ) I received the letter I put in post # 33 from a law office, that was the response I received to your letter in post # 27. The Anesthesiologist didn't respond directly, he's either hiding behind the billing group or just didn't know how to respond to the language of the letter. I sent the C&D letter to the law office as I'm not interested in their empty threats, the collection agency was C&D'd about a year ago. So even though it was sent directly to the Anesthesiologists office his office didn't respond, the law office for the billing group did.

Do the follow up letters ( posted after insert "c")
It is pointless to get into a pissing contest with any CA lawyer, only the threat of a HIPAA complaint against the OC will get you a valid response.


As Experian previously refused to investigate should I include a copy of a FTC complaint? Should I use Teal/Italic on the new letters to the CRA's? Can I skip:

# 3 Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA)

as I C&D'd the law firm and he doesn't have a legal dept. at his office? Just send the letter to him "Attn: HIPAA Compliance Office" CMRR? Should I include a copy of the paperwork showing this was covered by the hospital in the letter to the Anesthesiologist? Lastly, CM no RR to the big 3? Correct?

Thanks.

#41 haru

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Posted 22 February 2012 - 01:58 AM

Just reread your site and found "ALL FURTHER CORRESPONDENCE SHOULD BE SENT CMRR"

So I will send it CMRR to the CRA's.


#42 haru

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Posted 22 February 2012 - 09:24 PM

bump

#43 haru

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Posted 23 February 2012 - 08:21 PM

bump

#44 haru

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Posted 24 February 2012 - 07:11 PM

bump

#45 haru

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Posted 25 February 2012 - 06:36 PM

I will just file an FTC complaint against Experian if they respond again with a refusal to investigate. I will include a copy of the paperwork showing it was covered in my AG complaint if they don't remove this. I will post the results when I hear back.




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