OUCH! The OC just threw the book at me. They responded to my dispute letter (http://whychat.5u.com/hipltr.html) and cashier’s check with a one page letter stapled to 3 pages of Q &A’s highlighted from an OCR HIPAA privacy document dated Dec. 3, 2002. Excerpts from the letter are as follows:

We have included a website address an printed information which addressed your concerns about Private Health information. You may access the government website at: http://www.hhc.gov/ocr/privacy/hipaa/under...associates.html

A Business Associates agreement allows a provider to forward information to a collection agency for the purpose of obtaining payment. Dr. Granados has such an agreement with Business & Professional Service to collect on delinquent accounts. As noted n the information enclosed, an agency is permitted to repot limited information to the consumer reporting agencies without any conflict between HIPAA, FDCPA and the FCRA.

It is our understanding that all collection agencies that act as data furnishers must report true and accurate information as outlined by the agreement with the consumer reporting agencies and dictated by federal law. Derogatory information remains on a consumer’s credit report for seven years. Once the account is pain, it remains as a pain collection account for that period. Deleting a trade line would not be in accordance with the agreement to report true and accurate data.

What is my next step? Anyone, please? I’m at a complete loss here.

INSTRUCTIONS FOR FOLLOW UP TO "HIPAA" LETTER TO ORIGINAL CREDITOR HEALTH CARE PROVIDER

ALL FURTHER CORRESPONDENCE SHOULD BE SENT CMRR

1-
Make sure any money order has been deposited ,or you have received a return receipt from your letter if insert "b" or "c" were used.
2-
Send the follow up letter posted below.
3-
Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA)
4-
If the CRA responds with verification from the CA or the OC, file a complaint with the HIPAA administration for the OC's violation of the privacy rules of HIPAA,and with any available State's Medical Privacy Act administration.
If they do NOT respond with any verification and the account is NOT deleted, file a civil suit against the OC and the CA for their liability for violations of the FCRA and FACTA.

5-
DO NOT under any circumstances, write or correspond with the CA regarding this matter, any correspondence or communication that YOU instigate, while not a waiver of your privacy rights under HIPAA, will impede any cause of action you might have as the non permitted "communication" would have come from YOU.
Please understand, the CA may have NO liability under HIPAA, they are NOT the health provider. They are not in any way covered under the provisions of the act for "old accounts", however, if the account is "new" they ALSO must abide by all the privacy act rules,if THEY violate, they can also be named in your filed complaints.

Letter To Cra After HIPAA Letter
Use this AFTER you have received the green card back and received verification that any money order has been deposited (if using insert "a")

To Equiexptu

Sirs;

This is a dispute of account information on my credit report, (report #)
Please re-investigate (or investigate if you have not previously disputed) the following disputed account on my credit report.
(give CA name and acct. #)
Please furnish me with verification that (CA name) is reporting this account from (OC name) for ($ amount) in my name.
I require the identification of the reporting party and the date of their verification.
Please be advised that this request is being made in accordance with the requirements of the FCRA and FACTA and the reporting privacy rules of the HIPAA and (your State)'s Medical Privacy Act.

Sincerely,

Ido N Tnow

(Send a copy to the HIPAA Compliance Dept. of the OC health provider with the following cover letter)

Cover Letter
Your Name
Address

HIPAA Compliance Office
OC Name
Address

Re: Letter of (date of orginal letter)
Account #(original account #)

Dear Sir or Madam;

Enclosed please find a copy of my letter(s) of dispute to (CRA (s)).
Please note, I am providing you with an additional opportunity to have this account removed from (CA) and deleted from my credit reports if you have not already done so.
I have no desire to cause you unnecessary difficulty,however,this entry of my private health care information,on my credit report, for an account that no longer has ANY permitted business purpose waiver since there is NO payment due, has caused injury to my credit reputation,and has left me no choice but to proceed with the following:

Upon my receipt of the FCRA and FACTA mandated reply from (CRA),if the account has NOT been deleted in its entirety,I will take appropriate action to enforce my rights under the HIPAA, FCRA and FACTA rules, ARRA and (your State)'s Consumer Protection and Medical Privacy statutes.

Sincerely,