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Dispute rights under HIPAA

The last post in this topic was posted 5456 days ago. 

 

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Continental Credit is reporting two accounts from a hospital. One from 99, one from 00. Niether are paid, but should have been covered by insurance. SOL in Cal is 4 yrs.

 

DV'd Continental and disputed. Verified. On one account (00) they sent no validation, just a screen shot. On the second one (99) they provided detailed procedural information re: a misscarriage. Doctor's comments, lab results, diagnosis, everything. Stuff I had never even seen. I was horrified.

 

Sent second DV/SOL and redisputed. They re-verified and sent me a bill. They are reporting as 02/03 for "reporting date".

 

They one they sent the info for says that I am liable because of "lack of insurance" and the next page has my insurance info. I will not pay this on principal.

 

I am so mad about the med info. How do I handle this? Send letter listing disputes? Send letter to OC demanding removal due to HIPAA violations? How would I do this without paying it? They want a crazy amount and have doubled it with interest. I cannot believe my medical info was just handed over so readily and so carelessly. Careless in that they didn't all they got, and careless that something so personal means nothing to these people. It was seriously like going through it all over again.

 

I am not good at confrontation, and don't want to mess this up.

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I'm going through something similar. The hospital and anesthesiologist (dang I hate typing anesthesiologist heh) failed to bill medicaid.

I'm currently waiting on medicaid to send me paper proof of the OC's not filing.

 

Anyway, I'm going to use the HIPAA letters using the 'insert b' - [was not transmitted in a timely manner to my insurance company] for the reasons that the CA's and OC's should stop trying to collect and delete neg's.

 

Since you had insurance and they failed to file for it, IMO, I would send them the letters using that insert.

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The HIPAA letter program should be appropriate, HOWEVER, because you have already "validated" with the CA, i.e. requested information from them, it may not be quite as easy.

 

Send the CRA the "medical dispute letter" FIRST.

This SHOULD require a direct contact to the OC from the CRA, and IF verified with the same data as they sent you, will provide an APPROPRIATE "paper trail" to THEN send the HIPAA letter ( insert "b").

 

Make SURE you have opted out before doing ANYTHING, otherwise all the garbage CA's in the World will start poisoning your reports.

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Make SURE you have opted out before doing ANYTHING, otherwise all the garbage CA's in the World will start poisoning your reports.

 

WhyChat, I've read this several times but haven't been able to find any explanation of it. What does opting out have to do with CAs with reference to medical collections?

 

I'm about to tackle a $75 item that is past SOL but I want to make sure I do everything right. I did opt out but don't understand how it would benefit me with a medical.

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Make SURE you have opted out before doing ANYTHING, otherwise all the garbage CA's in the World will start poisoning your reports.

 

WhyChat, I've read this several times but haven't been able to find any explanation of it. What does opting out have to do with CAs with reference to medical collections?

 

I'm about to tackle a $75 item that is past SOL but I want to make sure I do everything right. I did opt out but don't understand how it would benefit me with a medical.

The CRA's make a LOT of their $$ by selling data.

If you opt out, this prevents them from selling YOUR data.

 

The "opt out" instructions usually say it is to stop "offers from credit card providers", however what they DON'T tell you is that the same information about your paying off a bill, or getting a new address or phone # or applying for a loan is ALSO sold to data mining companies, these companies then sell your data to CA's who MAY have an "old" account of yours, or have someone with a similar name, or someone who lived at your address, they then start NEW collection activities, and poison your reports ( usually when you are mortgage shopping) so that you are forced to pay them in order to close on your mortgage.

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Every last one need to call each provider of services and tell them if they don't remove these illegal reports from your credit file you will file a lawsuit and report each to their license board. This is against the laws due to the Hipp Law.

This act was passed in 1996 and all health care provider must follow this law. You can cause their license to be revoked, sue for breech of medical information etc. The only way a place of business could obtain this information is they sue you or you sue them in a court of law and this information is order by a Court Order. That is it. Look up the HIPP law in the FTC search and send it to each health provider, lab, xray or etc. Dispute this and you will be victory with all these dispute. The varies accounts will vanish.

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Every last one need to call each provider of services and tell them if they don't remove these illegal reports from your credit file you will file a lawsuit and report each to their license board. This is against the laws due to the Hipp Law. VERY VERY BAD IDEA

This act was passed in 1996 and all health care provider must follow this law. You can cause their license to be revoked, sue for breech of medical information etc. The only way a place of business could obtain this information is they sue you or you sue them in a court of law and this information is order by a Court Order. That is it. Look up the HIPP law in the FTC search and send it to each health provider, lab, xray or etc. Dispute this and you will be victory with all these dispute. The varies accounts will vanish.

I will assume you are "well meaning" and NOT a "troll". However your advice is HORRIBLE.

 

First, NO ONE should EVER "call" anyone for anything. STAY OFF THE PHONE!!

 

Second, any "threats" to sue or to file HIPAA complaints as leverage against any Health Care Provider will completely NULLIFY any possible advantage you may obtain from their violations.

 

The HIPAA letter program from my website provides FULL and ACCURATE methodology for obtaining deletions from your credit reports.

 

Here is what "Road Glider" has to say on the subject:

 

Today, 09:00 AM Post #3 

Group: Members

Posts: 67

Joined: 14-March 04

From: The Great American Road

Member No.: 4,374

*** U P D A T E ***

 

WhyChat, you truly ROCK! After sending the "courtesy" letter, the OC folded like a tent.... Pulled the tri-merge this morning and *poof*.. it was gone!

 

Thank you again, and for the newbs reading this, FOLLOW THE HIPAA INSTRUCTIONS TO THE LETTER, WhyChat's program DOES work!

 

Now for a couple more pesky paid medicals and I'm home free. This success gives me serious motivation!

Edited by Why Chat

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Why Chat is correct in his methodology....follow it TO THE LETTER. Don't "threaten" anything... in the unlikely event this goes to court and/or being filed with the OCR (or other agencies), you'll look a lot better as being completely reasonable (i.e. you tried everything before being forced to file, etc.) and a judge or official will treat you and the OC accordingly. If you look "sue happy", or threaten to sue, you can (and likely will be) held accountable for your threats...

 

FYI, you can follow my particular case in other folders. I learned a lot just by reading reading reading.

 

This bears repeating: Don't threaten to sue unless you're actually going to do so.. threats are empty and can have serious consequences!

 

Thanks again, Why Chat!

Edited by RoadGlider05

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Road and WhyChat, what if (as you can see above), I have already attempted the 1-2 punch without success? The SOL letter I sent (mirrored after Subprime's and WhyChat's) was fairly firm.

 

Would I seem schizophrenic starting another series? The ba$t@rds sent me another bill today, how considerate. This of course, after getting the SOL and 2nd dispute.

 

Where would you advise I start? Should I contact the OC at all?

Edited by wonderlaur

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Using the HIPAA letters is a bit different than the regular DV's, SOL letters etc.

You should follow what Why Chat recommended in post #4.

 

Opt out.

Send the medical dispute letter to the CRA's.

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One more question, I went to WhyChat's site and the first line states that this will not work if the account is accurate or you are unable to pay.

 

On one account, I have no info. I don't know if it is accurate. On the second account, I cannot pay this. Besides, it was covered (both if both are accurate) under our insurance. I also did not see the letter to the CRA referenced above, am I looking in the wrong folder?

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One more question, I went to WhyChat's site and the first line states that this will not work if the account is accurate or you are unable to pay.

 

On one account, I have no info.  I don't know if it is accurate.  On the second account, I cannot pay this.  Besides, it was covered (both if both are accurate) under our insurance.  I also did not see the letter to the CRA referenced above, am I looking in the wrong folder?

The letter to the CRA is posted at the very bottom of the HIPAA letter page, however, it is LINKED in the top paragraph.

 

If your insurance should have paid an account, you use insert "b"

 

If you have an account which is your COMPLETE responsibility, and you can not pay it, if it is verified after your medical dispute letter you simply leave it alone instead of using the HIPAA letter.

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Ok, got the CRA letters ready to mail. I want to make sure I understand what I am doing.

 

This letter lets them (CRA)know I am disputing. And charactorizes the CA as uncooperative, as I have to go around them to get info. Right?

 

Do I immediately send the HIPPA letters to the OC? Keeping in mind that I did attempt validation and SOL on the CA's originally, do I now just leave them out of the loop?

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Send the CRA the "medical dispute letter" FIRST.

This SHOULD require a direct contact to the OC from the CRA, and IF verified with the same data as they sent you, will provide an APPROPRIATE "paper trail" to THEN send the HIPAA letter ( insert "b").

 

Make SURE you have opted out before doing ANYTHING, otherwise all the garbage CA's in the World will start poisoning your reports.

 

 

Ok, got the CRA letters ready to mail.  I want to make sure I understand what I am doing.

 

This letter lets them (CRA)know I am disputing.  And charactorizes the CA as uncooperative, as I have to go around them to get info.  Right?

 

Do I immediately send the HIPPA letters to the OC?  Keeping in mind that I did attempt validation and SOL on the CA's originally, do I now just leave them out of the loop?

The way Why Chat has it laid out is to:

 

1.) Opt out.

 

2.) Send the CRA's the medical dispute letters. Wait to see what the CRA's do before your next step.

 

3.) "IF" the CRA's verify, send the OC's the HIPAA letter using insert "b".

 

Don't send the HIPAA letter to the OC until the CRA's finish with your dispute. They may either drop the TL or verify. If they verify (or update etc) then you send the HIPAA letter to the OC.

 

Yes, you leave the CA's out of the loop while doing this.

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Sorry to sound like a moron, I am just spinning in circles at month 4 with these same damn CA's.

 

Thank you for the walk through. :o

Hey, no problem at all. I know exactly how you feel.

I think I must have stretched poor Why Chat's patience to the very edge of a breaking point a time or two :( (maybe even three :P )

 

I'm hoping that the CRA's will do the deletions for you :)

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