Jump to content

Please consider disabling your adblocker for CreditBoards if you have not already done so.  This site depends on advertising revenue to stay online.


time2getserious

Members
  • Content Count

    11
  • Joined

  • Last visited

  1. 🙏🏾🙏🏾🙏🏾 Thank you. Let me jump back to the basics. Do you think it’s too late on the hipaa program if I’ve already received this letter from the CA? Or do you think it can be still done if I backtrack. PS- After all the knowledge you guys are giving me, I will absolutely donate
  2. Thanks for that. So let us say I utilized the HIPAA letter program, my next steps would be to send a letter (as indicated on the forum) to the OC, along with the letter below, adding applicable insert A to pay In regard to the bill on this account in the amount of ($___): Insert correct insert here:( see inserts) (a) (b) or (c) 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 these liabilities are under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009 (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. In addition, the HIPAA and (name of your State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the Omnibus Final Rule effective 09/23/2013 and the FACT Act final rules effective July 1, 2010.are in effect in this situation. 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. In general, PHI encompasses substantially all "individually identifiable health information" that is transmitted or maintained in any medium. "Individually identifiable health information" includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individual's physical or mental health or condition, including information related to an individual's care or the PAYMENT for such care. 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.In addition the new Omnibus Final Rule states:when patients pay out of pocket in full, they can instruct their provider to refrain from sharing information.This letter serves as that instruction 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 (Capital Accounts LLC) and require them to purge their records of all reference to this account, and that you insure 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 ( Capital Accounts LLC) and to require them to have this account information deleted in its entirety from my credit reports will resolve this problem completely. Sincerely, signature (Your Name)
  3. Hi Centex, I drafted my response to Capital Accounts. Do you or any other experts mind reviewing to ensure I hit the points I needed? To Whom it May Concern I am certain that the information you have provided has violated my rights outlined in the Texas Finance Code. Given the fact that you are attempting to do business in Texas my hopes are that you would be aware of the Texas Finance Codes, and laws specially related to debt collectors. I would like to bring to your attention a few things based on your claim of investigation. 1. (Insert Provider name)- YOU provided a statement that reflects an alleged debt amount of $52 from 2011. The paperwork you have provided shows alleged debt that is now a decade old. The Texas Finance Code Chapter 392 Section 307. Collection of Certain Consumer Debt by Debt Buyers states (c) A debt buyer may not, directly or indirectly, commence an action against or initiate arbitration with a consumer to collect a consumer debt after the expiration of the applicable limitations period provided by Section 16.004, Civil Practice and Remedies Code. The Civil Practices and Remedies Code § 16.004. has outlined a statute of limitations for collecting debt to 4 years. You begin attempting to collect in 2017 per your letter. Legally you cannot collect and cannot report on this alleged debt. The information above shows a direct violation from Capital Accounts in the State of Texas and can be utilized as a platform to pursue civil penalties and seek injunctions and damages against the company. Further, 2. (Insert Provider name) DDS. - the documents you provided failed to include any legally binding documentation that corroborates your claim of entitlement to assess any manner of ongoing interest or fees. You unlawfully added $76.46 in "accrued interest" per your letter. The Texas Finance Code Chapter 392 Section 303 Unfair or Unconscionable Means states: (a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices: (2) Collecting or attempting to collect interest or a charge, fee, or expense incidental to the obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation or legally chargeable to the consumer. Additionally, I would also like note that you stated $20.80 in "accrued interest" for the alleged debt to (Insert Provider name). I would like to hope that your initial investigation was not thorough and Capital Accounts would not resort in fraudulent collections tactics in order to slander, and defame my character. As bound by the Texas Finance Code, I request immediate deletion of all associated accounts reporting to the three major credit bureaus (Equifax, Experian, TransUnion) within 15 days of receipt of this letter and a letter sent to me confirming my demand. Regards, Me, Me, Me! Cc: Texas Office of Consumer Credit Commissioner
  4. Thank you! I actually sent them a letter cmrr, and also filed a complaint with TN ( where they are located) and this was the response to the attorney general. I am drafting up a letter now to send via mail. Any chance that you can direct me to the Texas plan forum with a link? I have been searching but unsuccessful. You are greatly appreciated, thank you again!
  5. Attached was the reply from the collection agency. I’ve already checked bonding for Texas and confirmed. Am I able to invoke Texas finance Code. 392.304?
  6. Thank you, I guess I was more concerned that if I went the next route of sending funds directly to the OC along with the applicable letter-would Capital accounts do something shady and just Mark it as paid instead of deleting it. also, any leverage on the interest piece?
  7. Hello Everyone! I am hoping someone can confirm that I am on the right path. I am in Texas and I have 2 collection accounts with Capital Accounts(based in TN). 1. $72 2. $380 I sent a debt validation letter to the collection agency and they responded back with a ledger of the services. They are both for dental services from 2013 and 2015. I believe they have violated a few fdcpa violations but wanted to confirm before I respond. 1. "Interest"- the CA responded stating that the original balances were for $50 and $305. They blatantly state that the additional fees/ amount are for interest. They continue to add on interest, changing the balance by only a few dollars (typically $1-3 depending on the CRA). They did not send me anything that shows that the original agreement between myself and the dentist had stated that interest would accrue. Is this not a clear violation of FDCPA 807 False or Misleading Representations- I thought that CA is not allowed to add interest to medical debt, unless it was stated in the original agreement with the OC. 2. HIPAA/ Medical Collections- The OC apparently faxed the collection agency a ledge of what services were done. I never gave authorization. violation? 3. Stature of Limitations is 4 years for Texas. I know this typically means they cannot sue me BUT do I have any leverage here? Based on the ledger they sent (a), current balance is $72, original balance was $52, 04/11/2013 was date of last payment made to the OC by my health insurance and the OC sold it to the CA (b), current balance is $380, original balance was $305, 10/13/2015 was date of last payment made to the OC from insurance company, and they wrote it off as bad debt 05/17/2017 and sold it to the CA. I am familiar wit the medical collections forum, but wanted to see if I have valid points when writing a response to the collection agency. Thoughts? TIA!!

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines