I had surgery early this year. I only had to pay the $200 co pay and the insurance took care of everything else, or so I thought. I got a bill in the mail for a pathology the doctor send to someone out of network. I did get the insurance discount so instead of paying a couple of hundred dollars all I had to pay was less than $50. I wrote the check and put it on the envelope but because I pay everything online I had no stamps so it sat on the counter. Every time my husband put papers away it got missed placed but every month when I got a new bill I would dig it out. I finally bought stamps for it but because I didn't find it right away I decided to wait until I had more time to look for it. Saturday I got a collection noticed instead of a regular bill. I found the bill and just called the original company but they want me to deal with the collection company now. I'm so embarrassed, I've never had anything go to collection and now that I do is for $40 dollars ?

I've heard that there is a letter you can send to them asking to remove it from your credit report if you pay the bill, is that right? If so where could I find that letter?

Thanks in advance for any help.

Have you checked your credit report to see if it's on there yet?

No it hasn't report to any of them yet, but the noticed was sent out last week.

OK, you need to send the health care provider a shortened version of the HIPAA letter,
FOLLOW ALL THE DIRECTIONS
Pay by bank MONEY ORDER or CASHIERS CHECK, NOT a personal check. On the BACK of the money order or cashiers check print ( in the endorsement area) FOR DEPOSIT ONLY, ACCOUNT OF (name of HC provider). On the front of the check/money order put your account # from your bill. Make a copy of the money order/cashiers check FRONT AND BACK.

(Your Name)
(address)
(City,State, zip)
s.s.# (social security #)
HIPAA Compliance Office
( health care provider creditor)
(address)
(date)
Dear Sir/Madam;
This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

In regard to the bill on this account in the amount of ($___) ( copy enclosed):
Enclosed please find my remittance of ($___) for payment in full of this account.
My apologies for the delay in remitting this to you as it was overlooked due to the fact that my insurance covered all other charges.

Please note, my remittance is payable ONLY to (hc provider) and may not be signed over or transferred to any third party collection agency, as this would constitute a violation of HIPAA and State Privacy Act rules .


Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and 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 may be held liable for the actions of (collection agency name). Please note that the effective date for commencing enforcement of penalties against you for any vicarious liability is February 17, 2009.

The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual or otherwise allowed under the Privacy Rules.

Your continued furnishing of my account information to (collection agency name), is no longer in compliance with HIPAA, 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.

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference to this account, and that you insure that any and all present or future reporting of this account is barred from my credit reports.

This simple procedure to request the deletion of ALL reference to this account from the records of ( collection agency name) and to require them to have this account information barred in its entirety from my credit reports will resolve this problem completely.

Please respond, in writing within 10 days that you are processing this request.

Sincerely,

signature
(Your Name)



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