105 replies to this topic

[Why Chat]

Bump for some advice...

If the HIPAA Compliance Officer calls you back simply thank him/her for the call and say "upon advice I am requesting that all communication be in writing"
DO NOT enter into any "discussion" on the phone. If you can record the conversation and if you are told that the call may be recorded and if they persist in trying to engage you in a verbal conversation then tell them that you too are recording the conversation. If they do NOT tell you the call may be recorded, then after telling them "upon advice I am requesting that all communication be in writing" say, "This call is being recorded"

Whychat,

I got a letter back from the OC today in response to my insert A letter. They provided account statements for both accounts showing that they have applied the payments and the accounts have been satisfied in full. They also noted a few other accounts that i will deal with separately that have not made it to collections. On the flip side however though they stated that they feel the accounts were handled properly and they will only be notifying the credit bureau that the debt is satisfied but not having it removed. Im attached the full letter below. What do I do know? the last thing i want is paid collections that hurt my score more then the unpaid were already. Thanks for all your help and I look forward to your response.

Dear Mr. sennico:

This correspondence is in response to your certified letter dated 01/08/12.

After reviewing both accounts, I have concluded that these accounts were handled appropriately. Both

accounts did reflect a small monthly payment, but not on a formal payment arrangement agreed on by

St. Luke's. We will work with our patients to make monthly payments, under our Time Payment policy.

Your accounts did follow the normal collection process.

For your information, under HIPPA there are "PERMITIED USESAND DISCLOSURES"which include

"Treatment, Payment, and Health Care Operations". Based on this we are in full compliance with HIPPA.

Unfortunately, we cannot remove this from the credit bureau due to the fact that the account was not

paid in a timely manner, but will report to the credit bureau that this debt is satisfied.

Thank you for your payment of $430.82 which has paid both accounts in full. A copy of both statements

showing no payment due is enclosed with this letter. As a reminder, you do continue to have two more

open accounts in collections for St. Luke Hospital in the amount of $80.68. Sennico son #1 for date of

service 11/08/10 for $ 65.06 and sennico son #2 for date of service 02/09/09 in the amount of $15.62.

Thank you for using St. Luke's Hospital for your medical care. If I can be of any further assistance, please

do not hesitate to contact me at xxx-xxx-xxxx.

Sincerely,




Manager, Business Office

No problem,

Wait to see if there is any change on your reports, IF the account shows up as a "paid" collection then you use the follow up letters in the HIPAA letter program.

( follows insert "c")

It is true that as they said

For your information, under HIPPA there are "PERMITTED USES AND DISCLOSURES"which include

"Treatment, Payment, and Health Care Operations"

they are covered, however once the account has been PAID there is no longer any permitted uses or disclosures.

[sennico]

Bump for some advice...

If the HIPAA Compliance Officer calls you back simply thank him/her for the call and say "upon advice I am requesting that all communication be in writing"
DO NOT enter into any "discussion" on the phone. If you can record the conversation and if you are told that the call may be recorded and if they persist in trying to engage you in a verbal conversation then tell them that you too are recording the conversation. If they do NOT tell you the call may be recorded, then after telling them "upon advice I am requesting that all communication be in writing" say, "This call is being recorded"

Whychat,

I got a letter back from the OC today in response to my insert A letter. They provided account statements for both accounts showing that they have applied the payments and the accounts have been satisfied in full. They also noted a few other accounts that i will deal with separately that have not made it to collections. On the flip side however though they stated that they feel the accounts were handled properly and they will only be notifying the credit bureau that the debt is satisfied but not having it removed. Im attached the full letter below. What do I do know? the last thing i want is paid collections that hurt my score more then the unpaid were already. Thanks for all your help and I look forward to your response.

Dear Mr. sennico:

This correspondence is in response to your certified letter dated 01/08/12.

After reviewing both accounts, I have concluded that these accounts were handled appropriately. Both

accounts did reflect a small monthly payment, but not on a formal payment arrangement agreed on by

St. Luke's. We will work with our patients to make monthly payments, under our Time Payment policy.

Your accounts did follow the normal collection process.

For your information, under HIPPA there are "PERMITIED USESAND DISCLOSURES"which include

"Treatment, Payment, and Health Care Operations". Based on this we are in full compliance with HIPPA.

Unfortunately, we cannot remove this from the credit bureau due to the fact that the account was not

paid in a timely manner, but will report to the credit bureau that this debt is satisfied.

Thank you for your payment of $430.82 which has paid both accounts in full. A copy of both statements

showing no payment due is enclosed with this letter. As a reminder, you do continue to have two more

open accounts in collections for St. Luke Hospital in the amount of $80.68. Sennico son #1 for date of

service 11/08/10 for $ 65.06 and sennico son #2 for date of service 02/09/09 in the amount of $15.62.

Thank you for using St. Luke's Hospital for your medical care. If I can be of any further assistance, please

do not hesitate to contact me at xxx-xxx-xxxx.

Sincerely,




Manager, Business Office

No problem,

Wait to see if there is any change on your reports, IF the account shows up as a "paid" collection then you use the follow up letters in the HIPAA letter program.

( follows insert "c")

It is true that as they said

For your information, under HIPPA there are "PERMITTED USES AND DISCLOSURES"which include

"Treatment, Payment, and Health Care Operations"

they are covered, however once the account has been PAID there is no longer any permitted uses or disclosures.

Got it. Ill wait for changes. Thanks again

[sennico]

just checking in. Got confirmation from the bank that the cashiers check was cashed yesterday. waiting to see if any changes occur at Ex

[sennico]

Ok finally an update to report. The 2 collections where the OC cashed the check now show as paid collections with Experian.

[sennico]

Clicked post too soon and cant figure out how to edit a post. Anyway 2 of the CAs are now reporting as Paid Collections on EX. It looks like my next move is to send a CRA followup dispute letter and also the a copy of that dispute and the cover letter to the OC HIPPA dept. Am I missing anything here?

[sennico]

bump

[sennico]

So my followup letters were received about 2 weeks ago at both the OC and EX. Funny when i sent the OC the check I got a letter back in a day or two but now they are sitting on their hands. It doesn't look like Ex is doing anything with this yet either through the backdoor.

[sennico]

How long should I wait without hearing from the OC on the followup letter before I send the hippa complaint courtesy letter to them?

[Why Chat]

How long should I wait without hearing from the OC on the followup letter before I send the hippa complaint courtesy letter to them?

14 business days

[sennico]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

[Why Chat]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

Go ahead with the HIPAA complaint against the OC, or file a complaint against Ex, or both.

I presume you had PROOF that the reporting CA and the OC were in a CURRENT business relationship before you paid the OC?? If they were not in a current business relationship they had NO way of getting the CA to delete.

Double check your Ex report ( back door) before doing anything else.
Also, if Ex is the ONLY CRA reporting you can file an FTC complaint against them.
http://whychat.5u.co...paaftccomp.html

[sennico]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

Go ahead with the HIPAA complaint against the OC, or file a complaint against Ex, or both. Ok, Ill wait out the remainder of the 10 days then file.

I presume you had PROOF that the reporting CA and the OC were in a CURRENT business relationship before you paid the OC?? If they were not in a current business relationship they had NO way of getting the CA to delete. Yea I did have proof of a currrent relationship. The CA provided me with copies of invoices that were faxed shortly before to them by the OC.

Double check your Ex report ( back door) before doing anything else.
Also, if Ex is the ONLY CRA reporting you can file an FTC complaint against them. I filed an FTC complaint on your advice back in Dec. At that point the other CRAs had deleted these accounts and only EX refused to. The CA finally responded with the proof of a current relationship from the DV letters sent months before. Thats when I went down the Insert A path.My previous FTC complaint was on the grounds that EQ/TU properly investigated and deleted and EX refused to do so. Would I file an additional complaint now about the HIPPA violation to the FTC? (i understand that above im filing with the OCR)
http://whychat.5u.co...paaftccomp.html

[Why Chat]

OK so I got a response from EX so now I have a question. The OC that was reporting two accounts deposited my check from the insert A letter. I then sent the followup dispute to EX as well as the Followup letter to the OC. The OC never responded so I went ahead and sent the Hippa Complaint Courtesy letter to them. In the meantime Ex just responded today saying that they will not investigate these two CAs because they were previously verified. My question is at this point do I do anything else with EX or do I just wait to see if the OC responds to the Complaint Courtesy letter and if not just continue with the actual complaint? Thanks

Go ahead with the HIPAA complaint against the OC, or file a complaint against Ex, or both. Ok, Ill wait out the remainder of the 10 days then file.

I presume you had PROOF that the reporting CA and the OC were in a CURRENT business relationship before you paid the OC?? If they were not in a current business relationship they had NO way of getting the CA to delete. Yea I did have proof of a currrent relationship. The CA provided me with copies of invoices that were faxed shortly before to them by the OC.

Double check your Ex report ( back door) before doing anything else.
Also, if Ex is the ONLY CRA reporting you can file an FTC complaint against them. I filed an FTC complaint on your advice back in Dec. At that point the other CRAs had deleted these accounts and only EX refused to. The CA finally responded with the proof of a current relationship from the DV letters sent months before. Thats when I went down the Insert A path.My previous FTC complaint was on the grounds that EQ/TU properly investigated and deleted and EX refused to do so. Would I file an additional complaint now about the HIPPA violation to the FTC? (i understand that above im filing with the OCR)
http://whychat.5u.co...paaftccomp.html

No, you probably won't have much success with the HIPAA complaint either as it is Experian ( AKA "THE DEVIL") that is the problem. However, you can TRY this: ( I haven't suggested it before, but with the new legislation pending in Congress to regulate CAs and CRAs it may have some effect)

Send this to the reporting CA and to Experian:( Include BOTH the CA and Experian headers in BOTH letters)

Your full name
Address
City
State
Zip
Phone number

Date

Collection Agency HIPAA Compliance Dept. Account #xx
Address


Experian Compliance Dept. Report # xxxxx
Address


On (date) , I (or name of patient) was provided health services by (name of OC).

On or about (date of violation) and subsequent to 04/13/2003 Experian and( CA) communicated private health care information to one or more unauthorized parties without any permissible purpose under HIPAA privacy rules, and absent my signed authorization.

On 3 occasions Experian verified the entry of this unauthorized communication. They were the only Credit Reporting Agency to violate the privacy rules of HIPAA, the FCRA and FACTA.

Since there is NO balance due on this account, there is NO permitted business purpose under the HIPAA privacy rules.

This unauthorized dissemination of private health care information has been, and continues to be of great detriment to my welfare, and is a violation of the HIPAA privacy rules.

I will be entering a complaint against Experian and ( CA) with the OCR on the HIPAA privacy rules violation, the FTC on the violations of the FCRA and FACTA within 30 days from your receipt of this letter.

My complaints are my only recourse after exhausting all possible means of prevailing upon ( CA) and Experian to cease and desist the continued dissemination of private health information to unauthorized parties and after ( CA) and Experian has refused my requests to comply with the privacy rules of HIPAA.

I am also filing this complaint with the The Consumer Financial Protection Bureau (CFPB), The ( your State) Attorney General,and the BBB and reserve my right to file for damages in the Civil Courts.

Sincerely,

(PRINT your name on the copy that goes to the CA, SIGN it on the copy that goes to Ex.)

Edited by Why Chat, 22 February 2012 - 09:37 AM.

[sennico]

Thanks so much for this, one quick question. What action is the actual violation? It is when the CA updated the account to paid, or Ex responding that that its previously verified or some all together different action? Just want to make sure im capturing this correctly.

[Why Chat]

Thanks so much for this, one quick question. What action is the actual violation? It is when the CA updated the account to paid, or Ex responding that that its previously verified or some all together different action? Just want to make sure im capturing this correctly.

It is when the account was updated to "Paid" .

[sennico]

Thanks so much for this, one quick question. What action is the actual violation? It is when the CA updated the account to paid, or Ex responding that that its previously verified or some all together different action? Just want to make sure im capturing this correctly.

It is when the account was updated to "Paid" .

Got it thanks! Letters going out today..

[sennico]

10 days have passed since the HIPPA Courtesy letter to the OC was delivered and they haven't responded. What should my next course of action be? I do have the parallel effort underway of your new letter out to EX and the CA giving them 30 days to respond before Complaints are filed with the OCR. Should I file now against the OC or do I sent them another courtesy letter while I wait to see if the CA or EX respond?

[sennico]

Tuesday morning bump

[Why Chat]

Tuesday morning bump

Wait for a response from Experian

[sennico]

Sitting tight.. see you in a month.

[sennico]

Actually there is something else I had a question about. Most of the time I have been working on getting these 2 collection accounts through the HIPPA process. There was a 3rd in my original post. I followed through with the identical and complete process including getting proof of a current relationship. This CA is with CFC and the OC is Tenet. Long story short I sent the insert A letter with payment to Tenet and it was received 1/17. Its been 43 days and they still have not cashed the check or responded to the letter in any way. What should my next course of action be?

[Why Chat]

Actually there is something else I had a question about. Most of the time I have been working on getting these 2 collection accounts through the HIPPA process. There was a 3rd in my original post. I followed through with the identical and complete process including getting proof of a current relationship. This CA is with CFC and the OC is Tenet. Long story short I sent the insert A letter with payment to Tenet and it was received 1/17. Its been 43 days and they still have not cashed the check or responded to the letter in any way. What should my next course of action be?

Call them and ask to speak to their security department. Tell them that you sent a money order that was received x/xx/2012 and signed for by xxxxx and that it has not been deposited, say that you are concerned that it was misappropriated by someone in their organization. ( Double check with your bank that it hasn't been deposited before calling)

[sennico]

Thanks for the advice.. Ill make this call tomorrow and report back here.

[bunyan]

Actually there is something else I had a question about. Most of the time I have been working on getting these 2 collection accounts through the HIPPA process. There was a 3rd in my original post. I followed through with the identical and complete process including getting proof of a current relationship. This CA is with CFC and the OC is Tenet. Long story short I sent the insert A letter with payment to Tenet and it was received 1/17. Its been 43 days and they still have not cashed the check or responded to the letter in any way. What should my next course of action be?

Call them and ask to speak to their security department. Tell them that you sent a money order that was received x/xx/2012 and signed for by xxxxx and that it has not been deposited, say that you are concerned that it was misappropriated by someone in their organization. ( Double check with your bank that it hasn't been deposited before calling)

Wow! You are NICE. Social Engineering at its best lol. I am taking notes. Get the security dept involved and they may deposit it, which would then make the insert enforceable since there would be no balance due.



BRILLIANT!!!!

[sennico]

I gave the security dept a call and what a blast that was, they were totally uninterested and transferred me around. When I finally got someone that would talk to me they asked to whom the money order envelope was addressed to and when I said the Hippa Compliance office she said that I should talk to them but they left at 4pm for the day.
When I looked on their site I did see a direct phone # for the Hippa dept as well as an email address. I don't know that I want to talk them them, at least not over the phone as I don't don't want to say anything that could damage this process. What now?