Important Question on HIPAA Dispute Process

[nachocredit1]

Hello, this question may best be answered by WhyChat, who has the most incredible information, regarding the HIPAA process. I do thank you for all your time and exceptionally hardwork. I live in Ohio and have several medical collections on my credit reports. A couple less than $60 as a result of a Worker's Comp claim from 2008 and the others were from medical issues I encountered in 2009 from very bad bout of the flu. Then, a couple years later losing my job from being placed on bed rest for several months. There are several for under $300, one just over $300 and one just under $900 from 2011. I have reviewed the information on what to do regarding Whychat's process, but not sure if I should dispute for a couple reasons. The big reason is I don't have the money to pay all of these collections. The other being about 4 of them are just under 2 years old. I'm afraid of being sued if I dispute the larger claims following the HIPAA process. I do remember at the time I was being checked into the hospital, signing to be placed on a payment plan, but they made it seem as though I couldn't get checked in unless I paid them in full or signed to be on the plan. I was terrified and it was urgent that I be checked in at the time. What should I do in this case. Again, I appreciate everyone's time and assistance who replies to this because my credit report is really hurting my chances of finding employment (defaulted student loans, previous BK (almost 7 years old) and some collections.

[Why Chat]

Hello, this question may best be answered by WhyChat, who has the most incredible information, regarding the HIPAA process. I do thank you for all your time and exceptionally hardwork. I live in Ohio and have several medical collections on my credit reports. A couple less than $60 as a result of a Worker's Comp claim from 2008 and the others were from medical issues I encountered in 2009 from very bad bout of the flu. Then, a couple years later losing my job from being placed on bed rest for several months. There are several for under $300, one just over $300 and one just under $900 from 2011. I have reviewed the information on what to do regarding Whychat's process, but not sure if I should dispute for a couple reasons. The big reason is I don't have the money to pay all of these collections. The other being about 4 of them are just under 2 years old. I'm afraid of being sued if I dispute the larger claims following the HIPAA process. I do remember at the time I was being checked into the hospital, signing to be placed on a payment plan, but they made it seem as though I couldn't get checked in unless I paid them in full or signed to be on the plan. I was terrified and it was urgent that I be checked in at the time. What should I do in this case. Again, I appreciate everyone's time and assistance who replies to this because my credit report is really hurting my chances of finding employment (defaulted student loans, previous BK (almost 7 years old) and some collections.

You are under no obligation to pay any accounts that are verified AND validated. If you signed up for a payment plan at the hospital-- what happened to the plan?? Did you qualify for assistance??

 

If you are concerned about disputing the newer ones, just send the initial dispute on the older ones, although it is very doubtful you would be sued now, if you haven't been sued before unless your credit report shows that you have the ability to pay, and from your post it doesn't appear to be the case.

 

Worse come to worse, and you get hit with SUBSTANTIAL medical bills and have other sizable problems, you can refile CH7.

http://www.whychat.5u.com/GUIDEBOOK.html

 

Check to see if you can get your student loans worked out:

https://www.myeddebt.com/borrower/

[nachocredit1]

Hello, WhyChat and THANK YOU so much for your reply. I am very greatul appreciative of your help.

 

To help explain my situation I had a horrible pregnancy (which is where the more recent bills come from) and was on bedrest for majority of it and lost my job because I was unable to return before my short term disability ended. It took manys months to get begin getting things back on track, but I suffered a great deal emotionally, mentally and financially. The plan at the hospital went down the drain and my focus was not on paying bills. Just pretty much trying to make it thu the day was hard enough.

 

I don't recall being offered assistance by the hospital or any of the other medical facilities.

 

I do remember contacting the student loan agencies (Nelnet and Sallie Mae) before being admitted to the hospital. But, they said I had used up me deferments/forbearance options.

 

I guess like most people I'm afraid of being sued as the laws in Ohio seem to favor businesses over consumers. (Previously, I was wrongly sued by a college for courses I dropped and they didn't have a record of me dropping it. I tried to fight it by myself in court, but the judge ended up ruling in the school's favor. They started garnishing my wages and this continued throughout my pregnancy and pretty much took up all money I had. A bill went from just over $2000 to me having to pay well over $5000.)

 

I was just hoping I could avoid filing BK again, but it seems like that may be the only alternative if they do sue. At least from the posters and your wonderful advise I could get the BK7 removed at some point. I wish I could recover the money the school garnished from me.

 

Well, anyway thank you again for your time and assistance.

[Why Chat]

Try again on the deferment on the student loans, your situation has changed since you were last denied, ( I assume that the "horrible pregnancy" resulted in a wonderful child??)

 

Start the dispute process on the medical accounts.

[nachocredit1]

Thanks, again! Yes I have a wonderful baby, but just went through a lot. Just starting to get back on my feet. I appreciate your help!

[nachocredit1]

Hi Whychat!

 

I wanted to touch basis with you again. I haven't yet sent the medical disputes to the CRAs because I was waiting for some other disputes to end. I hope the CRAs don't consider the medical ones frivolous because I disputed them prior to finding this site and they came back verified.

 

Also, I received a dunning letter from what appears to be a local lawyer's office for one of the medical debts. The weird thing is this JDB is not currently on my credit report, but a difference JDB is for the same medical account. The dunning letter is includes my fiance's name (I was on his insurance at the time). I do believe it is on his credit report as of now either. Any thoughts on how to handle this one?

 

Is there some kind of loophole JDBs are finding by not sending to the CRAs first? The reason I'm thinking this is because of the FTC regulation that in order to have a right to litigation you must dispute with the CRAs first and then the CA. I can't sue no matter what with no funds, but just wondering.

 

Thank you!

[nachocredit1]

I forgot to ask about how to setup the medical disputes to the CRAs. Which is the best way to avoid the scanning process of the CRAs? Is it better to type out the letter in italics and print on white paper, or print on yellow paper, or just handwrite on yellow paper? I did see somewhere that someone got a letter from TU that said their letter was illegible. I don't recall how they said that the letter was setup though.

[Why Chat]

Hi Whychat!

 

I wanted to touch basis with you again. I haven't yet sent the medical disputes to the CRAs because I was waiting for some other disputes to end. I hope the CRAs don't consider the medical ones frivolous because I disputed them prior to finding this site and they came back verified.

 

Also, I received a dunning letter from what appears to be a local lawyer's office for one of the medical debts. The weird thing is this JDB is not currently on my credit report, but a difference JDB is for the same medical account. The dunning letter is includes my fiance's name (I was on his insurance at the time). I do believe it is on his credit report as of now either. Any thoughts on how to handle this one?

 

Is there some kind of loophole JDBs are finding by not sending to the CRAs first? The reason I'm thinking this is because of the FTC regulation that in order to have a right to litigation you must dispute with the CRAs first and then the CA. I can't sue no matter what with no funds, but just wondering.

 

Thank you!

Send the "local lawyer" the medical DV

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

 

There is no "loophole" in the CAs not reporting, most of the garbage CAs never report, just send out dunning letters. Many are not allowed to report as they have been banned from the CRAs.

[nachocredit1]

Perfect! Thanks so much!

[nachocredit1]

Hi WhyChat,

 

I'm sorry to bother you again. I realized now that both CA's that are trying to collect on this one medical debt are local to me. The one I received in the mail is from an attorney's office where they say "at this time no attorney has personally reviewed the particular circumstances of your account." I forgot to ask if I should send one letter our names or two separate letters with each name? Thanks!

[nachocredit1]

I also wanted to confirm that when I follow the medical collection dispute process , should I use your letters word for word or use my own variation? Thanks!

[Why Chat]

I also wanted to confirm that when I follow the medical collection dispute process , should I use your letters word for word or use my own variation? Thanks!

The only changes you should make is to add the correct data. The letters were VERY carefully designed and should NOT be altered.

[nachocredit1]

Ok wonderful Thanks!

[nachocredit1]

Hi WhyChat,

 

I have an update...received a response back from the medical CA that is not reporting on my CRA.

 

These are the contents of what I received (Explained by the page):

 

Page 1) Business Letterhead only explaining in bold giving the usual spill of "This communication is from a debt collector" and so on. Then, it just says this is the information you requested from our office and gives the balance due (just under $400). This page is not signed by the attorney, if that makes a difference.

 

Page 2) A "Patient Receipt" from the OC with a date from last year (I hadn't attended the OC since almost 2 years ago). It includes the breakdown of the charges paid by my former insurance and everything appears correct.

 

Page 3) This is a "Patient Profile" that is typed out and has my Patient ID#, DOB, SS# and contact information. I'm not sure if this means much now, but this shows insurance information that was used after the fact. It's not the same insurance that was used during the medical event.

 

Page 4) The last page is the "Financial Information" showing the Current Month and Fiscal Year amounts, the last payment date I made (which I believe is correct) and the Appointments I attended, Rescheduled, and so on.

 

Should I send a reply or just wait and see if they sue? Thanks for all your help!

[nachocredit1]

Bump

[Why Chat]

Hi WhyChat,

 

I have an update...received a response back from the medical CA that is not reporting on my CRA.

 

These are the contents of what I received (Explained by the page):

 

Page 1) Business Letterhead only explaining in bold giving the usual spill of "This communication is from a debt collector" and so on. Then, it just says this is the information you requested from our office and gives the balance due (just under $400). This page is not signed by the attorney, if that makes a difference.

 

Page 2) A "Patient Receipt" from the OC with a date from last year (I hadn't attended the OC since almost 2 years ago). It includes the breakdown of the charges paid by my former insurance and everything appears correct. This is OBVIOUSLY a case of ID theft/fraud

 

Page 3) This is a "Patient Profile" that is typed out and has my Patient ID#, DOB, SS# and contact information. I'm not sure if this means much now, but this shows insurance information that was used after the fact. It's not the same insurance that was used during the medical event.

 

Page 4) The last page is the "Financial Information" showing the Current Month and Fiscal Year amounts, the last payment date I made (which I believe is correct) and the Appointments I attended, Rescheduled, and so on.

 

Should I send a reply or just wait and see if they sue? Thanks for all your help!

Send them a response, state that the data they sent indicates a case of identity theft/fraud as you have not been to the OC since xx/xx/xxxx and you are filing a fraud complaint with the FTC against them ( the CA)

 

File a fraud com[laint against them with the FTC and the Consumer Financial Bureau

http://www.whychat.5u.com/hipaaftccomp.html

 

http://www.whychat.5u.com/CFPB.html

 

Also get your MIB report

 

http://www.mib.com/facts_about_mib.html

[nachocredit1]

Hi Whychat,

 

Thanks so much again for your time. I checked over the documents again and I misunderstood the dating information as provided. It appears the date from last year is the date of the bill from the OC. The bill itself contains the correct dates listed next when the actual medical visits occurred.

 

I'm so sorry for my confusion.

[Why Chat]

Is this a legitimate bill??

 

If so, pay the OC with the HIPAA letter insert "a"

 

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

 

 

If you can not pay and you did qualify for medical assistance then use insert "b" (3)

Edited March 4, 2013 by Why Chat

[nachocredit1]

From the looks of it, the bill appears to be legit. I guess I should have ignored it seeing as I can't afford to pay it. Although this CA contacted me without me initiating contact with them, I guess I'll hold off any medical disputes so that I won't cause futher issues.

 

I really do appreciate your time and assistance on this issue though. Hopefully I can pay this off.

[nachocredit1]

Hello,

 

I'm ready to proceed in the HIPAA dispute process. I just wanted to clarify a couple things first:

 

1. Should I wait a little longer on submitting the disputes, since I just had disputes completed with all 3 bureaus in the last 2 weeks?

 

2. Do I send ID and utility bill with initial CRA HIPAA dispute letters?

 

Thanks for you help!

[Why Chat]

You need to wait until your other disputes are resolved or if not resolved at least 60 days, otherwise your disputes will get merged.

 

You do NOT send any ID with the initial dispute letters. Have you done all the initial steps??

 

http://www.whychat.5u.com/GUIDEBOOK.html

[nachocredit1]

Hello Whychat, thanks so much for helping.

 

Yes I have completed the initals steps. All of my disputes are completed.

 

Am I able to go ahead and submit the HIPAA disputes or wait a little longer before sending anything?

[nachocredit1]

Bump

[Why Chat]

Hello Whychat, thanks so much for helping.

 

Yes I have completed the initals steps. All of my disputes are completed.What do you mean by "completed"?? Were the accounts deleted?? If the issues on your other disputes were NOT resolved then you must wait 60 days from your last communication with the CRA. If the issues were COMPLETELY RESOLVED, ( not just completed) then you can start your HIPAA disputes

 

Am I able to go ahead and submit the HIPAA disputes or wait a little longer before sending anything?

[nachocredit1]

I received the results of my disputes, whereas a some TLs were deleted and the others was verified with three CRAs. I received the results last month (mid March). Are you saying the CRAs can merge new dispute to a previous dispute after they have sent you the results of the previous dispute?