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xoate0100

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  1. Perfect. I'll report back with my results! Thanks much!
  2. Not sure how I would tell if the CA is reporting Current DATA, it appears that they are NOT reporting current data as they apparently responded to the CRA with an "unpaid" status and updated date of 05/05 (recall I paid it 04/06) I don't believe so, the OC definitely has a current relationship with the CA, they even confirm it in their "response" letter. no Just EQ Sounds good, Am I to assume that I should not communicate with the OC or attempt to redispute? Is there room to send the letter I previously suggested reminding the OC of their responsibility to report accurately and the prohibition from sharing PHI?
  3. Update: after following the directions in the Hipltr follow-up. I redisputed with credit bureau. They responded with: "We verified that this item belongs to you. We have verified that this item has been reported correctly. THE FOLLOWING FIELDS HAVE BEEN MODIFIED: *STATUS DATE..." The status date lists unpaid as of 05/2020 This is obviously incorrect as I paid with Bank Cashier's check in 2019 and they cashed it. So they clearly have not "verified" anything because it's definitely paid at the very least (even though they aren't allowed to report it as such anyways) Suggestions? Thanks, xoate
  4. Great thanks. Was looking back through some of my old posts, looks like I've run into this before. Seems like it might be the HIPAA officers acting out of prudence to respond to the HIPAA letter with payment and the subsequent follow-up. But when it comes down to it, they likely choose not to respond to any CRA disputes out of caution (I'd imaging that it's far more expensive to answer to a HIPAA/CFPB investigation than it is to simply pull the reporting after getting paid..) I'll wait for the CRA to dispute and see if the baddie comes off in a couple weeks (I only sent redispute on Apr 15th so it has only been 12 days) Thanks for your thoughts Whychat
  5. AGREED! That's exactly how I interpret this process. Here's my proposed response. What do you think? **EDIT** They cashed the check, but it has not been removed from reports yet. Thank you for your attention to this matter and for your prompt reply. Regretfully, the tone of your most recent correspondence suggests that you have not taken time to thoroughly understand the situation in which your office now stands. First, although your office may allege compliance to HIPAA for the collections process thus initiated prior to my letter dated xx19 which contained a cashier’s check for payment in full on the account, your office’s actions beyond the receipt of payment in full are what could potentially result in a HIPAA violation. Thus, the impetus for my courtesy letter dated xx20. I made no claim in my xx19 letter to you nor in the xx20 letter that your collections activities prior to the xx19 letter (and included payment) were illegal violations of privacy. However, it must be noted that after xx19 when you received and accepted payment in full your “permissible purposes” ended in respect to reporting my protected health information (PHI). Per your Financial Policy and your own admission in your letter dated xx20 your claim to legally sharing of my protected health information lies in “collecting payment that was appropriate and owed, and submission of information to credit reporting agencies.” As of your receipt of my xx19 letter and acceptance of payment, your “collection” activities ceased to exist thereby removing your permissible purpose for reporting my personal private information to CA and consequently Equifax Information Services LLC. Moreover, as guardian for Dear Daughter, I expressly requested that you refrain from information sharing as provided by §13405(a) of the HITECH Act. And, because the account was paid out-of-pocket, you as a covered entity are required to comply with my privacy request and refrain from disclosing information for the purposes of payment and business/healthcare operations. You are required under the FCRA and FACTA to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and State privacy regulations from doing so on a PAID account, as there is no longer any permitted business purpose. Therefore, I am requesting you promptly rescind all such account information furnished to CA and require them to purge their records of all reference to this account, and that you ensure that any and all reporting of this account is immediately deleted from my credit reports. This simple procedure to request the deletion of ALL reference to this account from the records of CA and to require them to have this account information deleted 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. I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request. I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E &O insurance carrier.
  6. Dear whychat, This account was showing on my reports. I completed the initial dispute to CRA, received a verified response, then completed the validation letter to the CA. Received a response from CA with original documents signed from OC. Sent HIPAA letter to OC with Cashier's Check, after it cleared I redisputed with CRA and sent the Follow-up cover to the OC. Here's the response from the OC: We are in receipt of your correspondence dated xx19 and your correspondence dated xx20. Thank you for your inquiries. This letter will serve as our response to the issues raised in your correspondence. We disagree with your assertions that OC’s actions, as outlined in your correspondence, constitute a violation of HIPAA. In fact, the OC's actions were authorized by federal statute. HIPAA expressly permits the use of protected health information (PHI) for payment and business/healthcare operations purposes. These purposes include, but are not limited to, billing/collection matters. The OC has a Business Associate Agreement (BAA) in place with CRA. With this BAA in place, HIPAA permits the OC to disclose the information that is necessary in order for the Covered Entity (the OC) and the Business Associate (the Collection Agency) to effectuate the purpose. Here, that purpose is collecting payment that was appropriate and owed, and submission of information to credit reporting agencies. Moreover, a guardian for Dear Daughter expressly authorized the OC to share information. A copy of the executed Financial Policy is enclosed. This policy specifically authorizes the OC to share information with other entities, including collection agencies, as necessary in order to obtain payment for services rendered. In summary, collecting payment for healthcare services is a healthcare operation. Submission of PHI to a Business Associate to accomplish that healthcare operation is a permissible use under HIPAA. Additionally, Dear Daughter expressly authorized, through her guardian, the OC to share information with other entities as necessary to obtain payment, and this includes collection agencies. In light of these facts, there was no violation of HIPAA with respect to the issues raised in your correspondence. Clearly this administrator thinks I claimed they already violated HIPAA, and doesn't understand. Any advice is appreciated for a response.
  7. *UPDATE* I went ahead and sent the validation letter. Today I received a letter stating that the debt has been paid (I already knew this) and they have instructed EX to remove from my report! YAS!!! Here we go knocking 'em down!
  8. Whychat is DA BOMB!! Just received a response from the CA Northwest Financial: "After consultation with the compliance office of Mosaic Life Care[OC] we have removed the credit entry from your report. Please allow 4-6 weeks..." SUCCESS!!! WHOO HOO!!!
  9. Ok. I'm sorry I didn't scroll all the way down to the end of that link. Let me recap: 06/14: Sent handwritten initial dispute to EQ and TU for the two Northwest Financial (NWF) collections 06/22: TU deletes NWF 08/15: EQ has not responded and it's 30 days later so, I mail the follow-up to EQ with copy of handwritten dispute sent originally. 08/25: EQ responds with "We verified that this item belongs to you." No response from NWF. Account is updated on EQ to "Consumer Disputes this Account" for both tradelines. Here's where I missed the order of things. I did not realize I was supposed to receive a response literally from NWF. I got nothing from them 10/28 I paid the OC CMRR Cashier's check and "insert a" for each account due 11/03/2016 Check and "insert a" letter received by OC 11/10 I mail the Medical DV priority to NWF. This is the first letter on the page you linked to in your response http://whychat.5u.com/ltrcavalhipaa.htmlwhich is why I answered "yes" to that question. At this point, if I'm understanding correctly, I should send the " Follow up letter to CRA send priority mail with tracking #" http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE This will contain the copy of the Medical DV to NWF(CA) with the proof of deliver. The CRA shouldn't be able to obtain the necessary information because the CA doesn't have any valid business purpose anymore? The reason I did not continue with the HIPAA process as stated in the above 5 steps was because one of the accounts dropped off and the other got reported to PAID. Sorry I got confusing, it takes a different skill set to communicate over forums! I definitely appreciate how effective you are at this whole process! I hope listing this situation out here will help others as I conducted a fairly through search of the forums before I posted. My commendations to you Whychat! Thanks for all your help!
  10. Sorry just for clarification, I should file the complaint along with the follow-up letters to the OC and the CRA?
  11. Check your reports first before sending the follow up dispute as you MAY have to challenge a change in the account to a "paid" collection ( I haven't sent the follow-up to the CRA or the OC because this happened, exactly like you said it would So i was reaching out for next steps before sending follow-ups.
  12. Looks like this has been updated to "PAID" I sent the initial dispute, received NO communication from the CA. So I completed the OC with HIPAA letter insert "a" and cashier's check. Also sent the Medical Dispute Validation Letter to CA. One of the accounts appears dropped off, this other one just changed from UNPAID to PAID. I have yet to send the Follow-up to HIPAA letter to OC Healthcare provider or the CRA. What is the correct next step to dispute this change from PAID to UNPAID? Thanks!
  13. Hey all! Hoping I can get some suggestions for this one: After opting-out and deleting all old addresses, I sent handwritten initial dispute to CRAs for FABCO paid collections. Here's the pre-dispute entry on EX report Jun 14 2016: Payment History: FEB 2013 "C" Type:Collection Recent Balance: Not reported as of Feb 2013 Date Opened: Aug 2012 Terms: Not Reported Recent payment: #391 First Reported: 2013 Monthly Payment: Not Reported Responsibility: Individual Date of Status: Feb 2013 Credit limit or Original amount: Not Reported Status: Collection account. This account is scheduled to continue on record until Mar 2019. High Balance: Not Reported Post-dispute with EX report dated Aug 31 2016: Payment History: AUG 2016 "C" Type:Collection Recent Balance: Not reported Date Opened: Aug 2012 Terms: Not Reported Recent payment: #391 (This entry is completely missing from the Aug 31 report) First Reported: Aug 2016 Monthly Payment: Not Reported Responsibility: Individual Date of Status: Aug 2016 Credit limit or Original amount: Not Reported Status: Paid, Closed. This item was updated from our processing of your dispute in Aug 2016. High Balance: Not Reported I have whychat's validation letter COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST letter ready to send to them Priority w/PD. Will this actually do any good? It seems like they've updated all the dates just because I disputed with the CRA. Can anyone provide good next steps? Thanks in advance! TLDR; paid a collections account before I learned how to credit repair, disputed with CRA and CA updated the dates without response.
  14. I understand! I'll update after the check is cashed. Thanks Again!
  15. Awesome! Glad you could validate what I've done so far. And yes, 8 did mean "initial dispute"! You're very good at this! Will it cause a problem that I sent the DV to the CA today (after sending the HIPAA letter to the OC w/cashiers check)? As soon as the check clears I will send the follow-up dispute to the CRA! Thanks!

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