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iStruckpaydirt
I have seen on a post somewhere that certain states have laws against furnishers of medical information or CAs reporting to the CRAs for CL purposes. If I'm not mistaken, it says that some states prohibit furnishers of med. info. or CAs from reporting to CRAs. Is that true? This is where I found the post:
http://creditboards.com/forums/index.php?showtopic=174790
I have noticed that FL and CA are 2 of those states. Could you please tell me if GA is one of those states as well? I have been trying to find it somewhere in the OCGA and I have had no success thus far. I have 2 medical bills that went to CL about 2 years ago. Both CAs have sent validation, but one sent stuff that I'm not sure he should have access to. I intend to pay the OC on both accts b/c I know the accts are mine, but was wondering if I could get the CLs removed from my CRs while I'm saving up the money to pay them to the OC(w/in the next 2 mths). I haven't gone the HIPPA route yet as you suggest on your website, but I do intend to do so.
If GA is one of those states, could you please tell me where I can find that information to have for future reference? I really need your help on this one. Thanx in advance and hope that you've gotten better blush.gif

Oh, and anyone who has answers or advice about this post, PLEASE FEEL FREE TO CHIME IN!!!
enigma
Georgia statutorily grants a patient the right of access to his medical records in the possession of health care providers, insurance companies and others. The state does not have comprehensive provisions prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.
iStruckpaydirt
So am I right to assume that it would do no good for me to send disputes to the CRAs mentioning the fact that I haven't given the CA permission to have access to those records? One of the CAs has medical information that I didn't think he was allowed to have.

Also, I thought that a CA couldn't report the name of the OC/healthcare provider on a CL listing? Please correct me if I'm wrong.
enigma
A letter to the CRA will not hurt. Its called a bluff smile.gif

A CRA can only show you the name of the medical provider. You would need to have a third party to pull then show you the results.
iStruckpaydirt
QUOTE
A letter to the CRA will not hurt. Its called a bluff smile.gif

A CRA can only show you the name of the medical provider. You would need to have a third party to pull then show you the results.


Sorry....may be a little bit slow, but what do you mean by third party? What I'm trying to figure out is if I didn't give the hospital permission to give my medical info to a CA, then is he allowed to report the acct to the CRAs? Furthermore, is he allowed to have that information about me at all? He gave specifics about the hospital visit, and I'm pretty sure if he has that info, then he has more personal/medical info about me from the hospital. I hate to seem as if I'm not understanding you and I hate to seem like a pain in the a$$, but I don't want to go and open up a can of worms w/ this if I don't have to.

Was the hospital allowed to give out that info w/out my consent? Or is perfectly alright for them to give that info to CAs for collection purposes?
Itchiee
It's kind of a grey area when it comes to HIPPA laws. Some CAs are covered under HIPPA laws as a business associate of the provider which enable them to have your records. In which they are collecting for their account. I don't know how much information then can legally have though.

http://privacy.med.miami.edu/glossary/xd_b...s_associate.htm
iStruckpaydirt
QUOTE(Itchiee @ May 18 2006, 08:48 PM) *
It's kind of a grey area when it comes to HIPPA laws. Some CAs are covered under HIPPA laws as a business associate of the provider which enable them to have your records. In which they are collecting for their account. I don't know how much information then can legally have though.

http://privacy.med.miami.edu/glossary/xd_b...s_associate.htm

So how can I find out if they are legally able to be in possession of that info?
Why Chat
QUOTE(iStruckpaydirt @ May 18 2006, 09:00 PM) *
So how can I find out if they are legally able to be in possession of that info?

The question is not their legal right to be in possession, the question is any on going NEW communication from the OC to the CA , ( and on to the CRA) after there is no "business purpose", i.e. the account is paid.

As long as you owe the $$ the OC has a right to continue to communicate to the CA and the CA ( except in those States which limit that right) have a right to report to the CRA's.

Instead of concerning yourself with the question of the legal position of the CA,why don't you just try following the simple advice of opting out, deleting old addresses and using the medical dispute letter to get the accounts off your reports.

If you owe the $$, pay the OC with the HIPAA letter.

If you want to read up on the HIPAA legalities, read the "legal stuff" in the HIPAA letter link on my website.
enigma
Under HIPAA, at NO TIME can a medical provider send your "procedure" records.

The provider can ONLY communicate PHI to effect payment. PHI is defined as your name, address, SSN, telephone number, and balance.
victornewman
QUOTE(enigma @ May 18 2006, 09:27 PM) *
Under HIPAA, at NO TIME can a medical provider send your "procedure" records.

The provider can ONLY communicate PHI to effect payment. PHI is defined as your name, address, SSN, telephone number, and balance.


Enigma, is that is for Florida or for all states?. I'm in TX and our medical privacy laws stink!

If it is for all states, then that is opposite from what I have read concerning HIPAA.
It is my understanding that a CA has the same rights to all of your private medical information as does the OC.

I understand that there is a minimum necessary requirement but it is not defined at all so basically the CA can have as much information on you as they want.

Where did you find the definition of PHI?

You're the genious here, I know from experience. Your posts have helped me a lot.
Maybe I'm misunderstanding HIPAA, it is kind of complicated.
iStruckpaydirt
QUOTE(Why Chat @ May 18 2006, 09:14 PM) *
QUOTE(iStruckpaydirt @ May 18 2006, 09:00 PM) *

So how can I find out if they are legally able to be in possession of that info?

The question is not their legal right to be in possession, the question is any on going NEW communication from the OC to the CA , ( and on to the CRA) after there is no "business purpose", i.e. the account is paid.

As long as you owe the $$ the OC has a right to continue to communicate to the CA and the CA ( except in those States which limit that right) have a right to report to the CRA's.

Instead of concerning yourself with the question of the legal position of the CA,why don't you just try following the simple advice of opting out, deleting old addresses and using the medical dispute letter to get the accounts off your reports.

If you owe the $$, pay the OC with the HIPAA letter.

If you want to read up on the HIPAA legalities, read the "legal stuff" in the HIPAA letter link on my website.

So how can I find out if GA is one of those states? I do intend to pay the bill, but I'm trying to find out specifics about GA law when it comes to privacy of medical information, just so I'll have a future reference if need be. Also, Why Chat, I want to thank you for all of that wonderful information you have provided on your website, and for all for helpful advice you have given me and others on here. It feels good to know that there are people out there like you who are willing to help others out in these terrible situations. Once again, thank you!
iStruckpaydirt
QUOTE(enigma @ May 18 2006, 10:27 PM) *
Under HIPAA, at NO TIME can a medical provider send your "procedure" records.

The provider can ONLY communicate PHI to effect payment. PHI is defined as your name, address, SSN, telephone number, and balance.

enigma, where did you find this at? I mean, where does it state that this is law? What constitutes as "procedure" records? Does it mean that they give disclose certain info like what kinds of tests were done and things like that?
mixedup
bumping out of curiosity.....
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