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RoadGlider05

"Courtesy notice" for HIPAA complaint

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Thought I'd share this as it's worked for me so far... Use this ltter prior to actually filing a HIPAA complaint. Why Chat, feel free to correct it as necessary.

 

RoadGlider’s HIPAA Courtesy Notice

(used in the State of Florida, check your states statutes and modify to suit)

 

RoadGlider

Address

City, State ZIP

SSN XXX-XX-XXXX

FAX (XXX)XXX-XXXX

 

Legal Department

Original Medical Provider

Address

City, State ZIP

 

CMRRR#

 

13 December, 2005

 

RE: Letter of (first HIPAA letter)

Letter of (HIPAA follow-up letter)

Account # (original account)

Patient: (you)

 

Dear Sir/Madam;

 

I am writing you this letter as a courtesy to inform you of my intention to file a HIPAA complaint with the regional OCR office. Additionally, I am filing complaints with the appropriate agencies of the State of Florida.

 

As I stated in my previous letter, I have no desire to cause you unnecessary difficulty. However, the nonpermissable entry of my minor protected private health care information on my credit report, on an account that has NO permitted business purpose since there is NO payment due, has caused injury to my credit reputation, and is a direct violation of both HIPAA and Florida’s Medical Privacy Statutes.

 

I am enclosing with my complaints a copy of the original letter I have sent to you, along with a copy of the check, clearly showing payment ONLY to (Original Provider), as well as evidence of non permissible communication to the consumer credit bureau via a third party agent of my protected private medical information.

 

I am dismayed by your lack of compliance in this matter, and to date I have not received any response to my two previous letters, which regretfully leaves me no choice but to file the aforementioned complaints. If you wish to communicate with me about this matter, you may do so via FAX transmission or US mail within ten (10) days of the receipt of this letter.

 

 

Sincerely,

RoadGlider

 

 

Good luck in your HIPAA progess

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I haven't read your other threads (I am going to search you now), but is this is response to, or lack thereof, to WhyChat's HIPPAA series?

 

What were your results? Do you have a link to your previous activities?

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I haven't read your other threads (I am going to search you now), but is this is response to, or lack thereof, to WhyChat's HIPPAA series?

 

What were your results?  Do you have a link to your previous activities?

 

The "courtesy notice letter" is what I did, based upon Why Chat's HIPAA program. The courtesy notice isn't covered in the actual "program" listed on WC's site, but rather was a suggestion given to me that I implemented. I did one with success, and after that sent out two others (with no response within the time window), so I'm taking it to the OCR complaint stage after the holidays (less chance of it falling through the cracks that way). The successful letter was for a $10K bill (yes, I did pay it to the OC), and the others are for minor amounts, but it's still private protected information. By sneding the OC a final "courtesy" notice, you show to the OCR (and any other regulatory authority) that you made every possible amicable solution before actually filing a complaint.

 

YMMV

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Gotcha! I searched your other threads to see the step by step of what worked for you. I have sent the medical dispute to CRA's (there were 4 of them), one to EX fell off! Then there were three...

 

they all updated. So I am now writing the HIPPAA letters (insert B) to the OC.

 

I will then file an FTC complaint aganist the CA- I think- (who is responsible for my sensitive medical information being released?)and the CRA. Then I will send another courtesy letter to the CRA with the FTC complaint, at which point I would send your courtesy letter to the OC? Am I on the right track? Of course, I would modify your letter referenced above.

 

I am just appalled at how many violations medical collectors are willing to break! NO validation, ignoring SOL, etc. This needs to be the next intercession the government takes on. Medical bills can ruin people, yet these guys don't care and don't follow the law! UGH!

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I will then file an FTC complaint aganist the CA- I think- (who is responsible for my sensitive medical information being released?)and the CRA. Then I will send another courtesy letter to the CRA with the FTC complaint, at which point I would send your courtesy letter to the OC? Am I on the right track? Of course, I would modify your letter referenced above.

 

WhyChat, I was finally able to get to the letters and make myself a "cheat sheet" for chronology of the process. My question is, do I wait to file the FTC complaint against the CA until this is resolved, or is it OK to do now.

 

With the particular CA I am concerned with, they are continuing to send bills- went out of SOL in Aug 03; they released sensitive med info and they are attempting to reage the account.

 

It sounded like I am supposed to file a complaint on the OC, but I am not sure of the grounds, are they the ones liable for my med info being passed around? Do I wait until the HIPPA process is done, or if I should file on them, do I go ahead and do it now.

Edited by wonderlaur

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Is this a letter you wrote yourself? Unlike other letters like DV's where we suggest you reword them, I believe that WhyChat has designed his letters to be used pretty much verbatim in a certain order.......

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I will then file an FTC complaint aganist the CA- I think- (who is responsible for my sensitive medical information being released?)and the CRA. Then I will send another courtesy letter to the CRA with the FTC complaint, at which point I would send your courtesy letter to the OC? Am I on the right track? Of course, I would modify your letter referenced above.

 

WhyChat, I was finally able to get to the letters and make myself a "cheat sheet" for chronology of the process. My question is, do I wait to file the FTC complaint against the CA until this is resolved, or is it OK to do now.

 

With the particular CA I am concerned with, they are continuing to send bills- went out of SOL in Aug 03; they released sensitive med info and they are attempting to reage the account.

 

It sounded like I am supposed to file a complaint on the OC, but I am not sure of the grounds, are they the ones liable for my med info being passed around? Do I wait until the HIPPA process is done, or if I should file on them, do I go ahead and do it now.

If you read the HIPAA letter program you would see that NOWHERE do I suggest ANY kind of contact with the CA, this would include filing an FTC complaint against them.

 

IF you follow the HIPAA letter program and obtain NO useful results, you THEN, as a LAST RESORT file a complaint against the OC for HIPAA privacy violations, ( after sending them a "courtesy letter").

 

If you want to deal with the CA, either by filing a complaint, or sending a DV or anything else, you should know that it MAY interfere with the HIPAA letter program, which is designed to ELIMINATE any contact between you and the CA.

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Got it. Two different plans of attack. I will continue on with the HIPAA program as prescribed.

 

If I get no results, then I will try another approach.

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Is this a letter you wrote yourself? Unlike other letters like DV's where we suggest you reword them, I believe that WhyChat has designed his letters to be used pretty much verbatim in a certain order.......

 

The courtesy notice was suggested to me by Why Chat, and rather than use a "form" letter (there is none in this case until now), I wrote it myself. I posted it with the hope it could be used and modified to suit.

 

UPDATE:

I did hear back from the "compliance officer" stating they believed they acted within HIPAA and the info stands as is. Fair enough...but they're in violation of Florida Statutes (which I mentioned to them in the letters), so it's off to the OCR and Florida AG. :good:

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