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Posted

I havent heard hide nor hair since implementing the HIPAA process dispute...its been about 2 months i believe...how long does it usually take?

 


Posted (edited)

The reason they may not be responding is legally they do not have to remove the entry if it is accurate. Please read the following from the Department of Health and Human Services Office of Civil rights that oversees HIPAA:

 

 

http://www.hhs.gov/o...osures/268.html


Does the HIPAA Privacy Rule prevent health plans and providers from using debt collection agencies? Does the Privacy Rule conflict with the Fair Debt Collection Practices Act?

Answer:
The Privacy Rule permits covered entities to continue to use the services of debt collection agencies. Debt collection is

recognized as a payment activity within the “payment” definition. See the definition of “payment” at45 CFR 164.501. Through a business associate arrangement, the covered entity may engage a debt collection agency to perform this function on its behalf. Disclosures to collection agencies are governed by other provisions of the Privacy Rule, such as the business associate and minimum necessary requirements.

The Department is not aware of any conflict between the Privacy Rule and the Fair Debt Collection Practices Act. Where a
use or disclosure of protected health information is necessary for the covered entity to fulfill a legal duty, the Privacy Rule would permit such use or
disclosure as required by law.


http://www.hhs.gov/o...nesses/267.html

Does the HIPAA Privacy Rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

Answer:

No. The Privacy Rule’s definition of “payment” includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following protected health information about the individual: name and address; date of birth; social security number; payment history; and account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly, or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.

The Privacy Rule permits uses and disclosures by the covered entity or its business associate as may be required by the Fair Credit Reporting Act (FCRA) or other law. Therefore, the Department does not believe there is a conflict between the Privacy Rule and legal duties imposed on data furnishers by FCRA.



Does the HIPAA Privacy Rule permit a covered entity or its collection agency to communicate with parties other than the patient (e.g., spouses or guardians) regarding payment of a bill?


Answer:

Yes. The Privacy Rule permits a covered entity, or a business associate acting on behalf of a covered entity (e.g., acollection agency), to disclose protected health information as necessary to obtain payment for health care, and does not limit to whom such a disclosure may be made.
Therefore, a covered entity, or its business associate, may contact persons other than the individual as necessary to obtain payment for health care services. See 45 CFR 164.506© and the definition of “payment” at 45 CFR 164.501. However, the Privacy Rule requires a covered entity, or its business associate, to reasonably limit the amount of information disclosed for such purposes to the minimum necessary, as well as to abide by any reasonable requests for confidential communications and any agreed-to restrictions on the use or disclosure of protected health information. See 45 CFR 164.502( B), 164.514(d), and 164.522.

While the WhyChat method does work in many cases it is not guaranteed. It is a medical version of the nutcase legal attack on debt reported on credit reports. You can try disputing it again through the credit reporting agencies as the creditor failed to respond to your inquiry but it may not work. If the debt is valid, yours, and the information correct it can be reported.

Edited by Clydesmom
Posted

I havent heard hide nor hair since implementing the HIPAA process dispute...its been about 2 months i believe...how long does it usually take?

Exactly HOW did you "implement" the HIPAA letter program??

Did you follow all the basic steps?

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

 

Did you start with the initial dispute letter to the CRAs?

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

 

Whom did you send a letter to?? What letter??

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