HELP! Trying to understand HIPAA to get paid collections deleted

[specialksauce]

Hello all,

 

For some reason I find Hippa confusing. It shouldn't be but it is. haha

 

My BF went to the hospital in the Fall 2012....ignored the bills like you shouldn't do....went to collections 02/2013. Checked his CR and saw that it posted in May.

 

The CA is only showing two of the four accounts on all CRA's. Made the mistake of calling the CA after the OC said it was in collections and that we had to speak with them. We told her (CA) we would call back in the next 24 hours. Did some research and decided to pay the OC directly in full. The CA called the next day and we said we paid the OC directly the day before. (Still waiting for the receipt in the mail showing PIF. It shows on my credit card already.) She was not happy about that. They updated for June 2013 as still having a balance and past due in the full amount. I assume the doctors office didn't report in enough time before CA updated last week?

 

So my question is.....if I paid the OC directly....how do I get the CA deleted off the reports....its damaging his credit....they obviously didn't own the debt bc i paid the OC directly over the phone and they happily took the payment. They said they would update the CA as the account is paid in full.

 

this is where I am confused....what Hipaa letter do we use? Do we send it to the CRA, OC or CA?? or if hipaa can't be used...which route do we need to take to get the TL's deleted?

 

Help would be greatly appreciated!

[specialksauce]

She was rude! I asked her for an email just in case it didn't report correctly and she just gave me the run around how sending someone in the company an email is a lengthy process and how it needs to be validated by mail and all sorts of BS. So dumb!

 

I will dispute with TU once I have the current disputes completed on 7/5/13. As for EX and EQ, I will dispute like you recommended.

 

Thank you so much! If that doesn't work then I'm sure I'll be asking for more help!

[Why Chat]

I don't know what Clydesmom posted as "advice" as I have had her on ignore for quite some time because I got tired of trying to correct the misinformation she was posting.

 

Follow the program:

 

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

 

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

 

When receiving advice on this forum or any of the other creditboards forums, it is a good idea to click on the poster's name to see how long they have been a member.

[specialksauce]

Did i just screw myself by disputing without the Hipaa letter??? If they come back validated and PIF with balance of $0....would I be able to dispute with the Hipaa after?

[Why Chat]

Did i just screw myself by disputing without the Hipaa letter??? If they come back validated and PIF with balance of $0....would I be able to dispute with the Hipaa after?

Who did you send a dispute letter to?? The CRA or the CA??

 

What are your reports showing??

[specialksauce]

I sent the dispute to the CRA (Experian only because Equifax wasn't working and Transunion I have an open dispute so can't until those are completed.)

 

I disputed that the CA was showing a balance and how I paid the OC directly. They updated 6/2013, they report on the 17th ish each month. I paid the OC on 6/12/13 and they update the CA within 48 hours, if not everyday. So either they missed the cutoff or I have to wait until they update next month.

 

So if they come back verified, do I send the Hipaa medical dispute letter to the CRA?

 

If they update next month Paid In Full showing a $0 balance, what route do I take to get them to delete the account?

[Why Chat]

As I understand it, you disputed the account as being actually paid?? If it is not deleted, and if the CA changes the report to being a "paid" collection you will have a hard time getting it deleted.

 

Please wait until you have a response from Experian on your dispute and see what happens after any updates from the CA in response to your paying the OC.

 

Meanwhile make sure you are opted out and try to get old addresses deleted.

 

Post your results in this thread, do NOT start a new one.

[specialksauce]

Yep, I screwed myself.

 

Dispute completed: Credit Financial Services updated the account as Paid, Closed as of June 2013. They took the "C" for collection off in the month of May 2013 though and now just has a "C" for June 2013.

 

Is my only option to Goodwill the helk out of them until they delete? I have the Presidents email from their website I can email or write to....

 

 

 

[Why Chat]

No, calm down. There hasn't been much damage done.

Your score shouldn't be affected too badly if the time period hasn't updated too much.

What was the date of the original entry for the collection?? It couldn't have been more than a year ago.

All that will occur is that the account will update by a few Months .

 

Wait a while, at least 90 days until your prior dispute to the CRA has cleared out of the computer systems, then start over on the HIPAA letter program. Meanwhile make sure you are opted out.

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

 

When you start again with the initial dispute letter TO THE CRAs, do NOT try to cut corners by messaging the CA, CAs have NO "good will" for anyone.

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

 

You will be using the medical DV to the CA for accounts reporting as paid. That is presuming that your initial dispute letter to the CRAs doesn't get you a deletion-- which it MIGHT!

[specialksauce]

Date placed for collection was 2/27/13.....but i believe they didn't start reporting and/or updating until 5/17/13. I paid the OC 6/12/13.

 

Okay I will wait until at least the end of September. I opted out earlier this week. I will repost here to double check everything before the letter is sent out.

 

Thanks!!

[specialksauce]

Just thought of something. I only disputed To Experian.

 

should be able to use the hipaa process for EQ and TU right now correct?

[Why Chat]

Yes

[specialksauce]

Okay just trying to make sure I have dotted all my I's etc....

 

I am disputing three PAID medical collections (paid directly to the OC)

 

I use the Pre-dispute hipaa letter to the CRA's Correct...this one:

 

 

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

 

I have no knowledge or records of the following account(s) on my
report # ** and # ** from ****.

Please advise me as to the name(s) and address(es) of the
medical provider(s), the date(s) and type(s) of service, and to whom the
service(s) was (were) provided, as any account(s) I might have had may be
obsolete.

If you can obtain this information, I also would need the name
of the person providing this data, and the manner in which it was provided in
order that I may pursue additional legal remedies which may include a complaint
against your agency to the OCR on HIPAA violations.

Please take notice that your Credit Reporting Agency falls
within the purview 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.

You are therefore now subject to the jurisdiction of the OCR for
HIPAA violations, and the penalty rules of the HITECH Act as issued 11/30/2009.

Please note that your Credit Reporting Agency is now subject to
Federal consumer financial laws, including, among others, the FCRA and Title X
of the Dodd-Frank Act, and related regulations including a ban on “Abusive”
Acts or Practices. ( Section 1031 of the Dodd-Frank Act )

[Why Chat]

Yes, make sure you have followed the directions here FIRST:

 

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

 

Before you send the initial dispute letter:

 

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

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

[specialksauce]

So I sent off the dispute letter to TU and EQ, not EX because I need to wait until the current dispute are out of their system.

 

Question is....since the CA already updated the reports as $0 balance, Paid, Closed before I sent in the hipaa dispute letter....won't they just come back to verify as paid in full? Will this hipaa process still work for situations like this? Or does the simple fact that since I paid the OC directly (before they updated as paid, close) and they updated their accounts with the CA after that....violate the whole hipaa law because since they were paid in full directly, they should have no reason for doing business with them?

[specialksauce]

Whychat i came across a thread I didn't see before I sent out the letters.....I paid the OC directly without the hippa letter "a".

 

Had no clue about the hipaa process when I paid the OC.....

 

That being said, is this dispute process useless now?

[Why Chat]

Whychat i came across a thread I didn't see before I sent out the letters.....I paid the OC directly without the hippa letter "a".

 

Had no clue about the hipaa process when I paid the OC.....

 

That being said, is this dispute process useless now?

No, not useless-- just more difficult.

How exactly did you pay the OC personal check??

If so get the copy of the check and see if it was endorsed over to the CA

If paid by credit card, get a printout of the transaction and make sure it was to the OC

 

If you can't get it deleted with the dispute letters to the CRAs there may still be another way to involve the OC in the proccess

[specialksauce]

Paidby credit card and my bank statement shows the original creditor, the hospital/doctors office

 

will wait for the responses back from TU and EQ and then go to the next step if necessary

[specialksauce]

EQ just reported an update....CA just verified and updated as paid in full. They updated the payment as 6/13/13, the day after I paid the OC directly.

 

Next step is to send the Medical DV to the CA correct?

 

So here is where i am confused on the dispute letter if I know this is in fact our account and they know it's mine. Is it just to scare them into thinking they have a hipaa violation?

 

This letter is being sent to you in response to your recent
fraudulent verification of an unknown medical account on my (name of CRA)
report" This is a notice that your reported claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have

the right to request validation of the debt . I am requesting proof that I am
indeed the party you are reporting on this debt, and there was some contractual
obligation which was binding on me to pay this debt.

[Why Chat]

The purpose of the medical DV for accounts reporting as paid:

 

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

 

and the follow up dispute to the CRAs

 

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

 

Is to try to get a DELETION of the "paid" collection from your reports.

 

IF they send you "verification" with your private medical data that they received from the OC after it was paid in full, you will have documentation to be able to claim a HIPAA violation by the OC in communicating the "paid" status of your account to the CA.

 

It would be MUCH easier if you had paid with the HIPAA letter insert "a", which has the appropriate legal warning, but since you have a record of whom it was paid to, you can TRY to get the "paid" account deleted. ( The HIPAA letter has the proper language to prevent this:

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 once there is no longer any
payment due.

 

Remember a "paid" collection on your reports is WORSE for your scores than an unpaid one as while it is still derogatory, it is more recent.

[specialksauce]

Okay I will send the letter to the CA and see what they come back with....will post and see if there are any other questions.

 

Thanks!

[specialksauce]

Ok so I sent out the medical dv letter to the CA today, should be delivered on Monday. I will print out the usps confirmation when delivered.

 

So my question is, when do I send the follow up letter to the CRA? The day of delivery confirmation or the day after? I have it ready to go but just need to know when is the appropriate time to send the letter to the CRA.

[Why Chat]

As soon as you have delivery confirmation to send a copy of along with the copy of the medical DV

[specialksauce]

How long until the CA and the CRA (Equifax) sends back a response? is it the 30 day wait time? What if the CA doesn't send anything back at all and just ignores the medical DV letter?

[Why Chat]

I suggest you wait and see what actually happens. The CRA response to the follow up dispute will be within 30 days. As to any response from the CAs, if they didn't respond to the initial dispute letter to the CRAs, it is doubtful that they will respond to the medical DV.

 

I presume you sent the correct DV to the CA??

for accounts REPORTING as "paid"??