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UNI4790

HIPAA minor details

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Trying to remove a paid medical collection. So far I have opted out and deleted old addresses. I sent my initial disputes to the 3 CRAs, TU deleted, the other two verified. About to send out the medical DV to the CA but not sure if the letter should be printed in regular font on plain paper or with the colored font and background? When I receive the green cards back that the CA received the DV letter, I immediately send the follow up letter to the CRA...is that in regular font, regular paper? And I am including with that letter a copy of the CA DV letter and copy of the returned green cards....do I understand correctly?

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While the WhyChat method does work in some cases there is absolutely positively NO LEGAL BASIS what so ever for it. It is the medical version of the legal nutcase letter.

 

You can read the response from the Department of Health and Human Services Office of Civil Rights answer on reporting of medical collections on a credit report:

 

http://www.hhs.gov/o...nesses/267.html

 

Does the HIPAA Privacy Rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

Answer:

 

No. The Privacy Rule’s definition of “payment” includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following protected health information about the individual: name and address; date of birth; social security number; payment history; and account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly, or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.

The Privacy Rule permits uses and disclosures by the covered entity or its business associate as may be required by the Fair Credit Reporting Act (FCRA) or other law. Therefore, the Department does not believe there is a conflict between the Privacy Rule and legal duties imposed on data furnishers by FCRA.

Edited by Clydesmom

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Oh, thanks for your answer, but I am directing my question towards WhyChat, as I am in the process of using his method. Thanks anyway

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Oh, thanks for your answer, but I am directing my question towards WhyChat, as I am in the process of using his method. Thanks anyway

 

I understood that. Just wanted you to be aware that the one aspect that WhyChat does not cover is that it isn't a violation to report medical collections on a CR and you can send dozens of letters but if the debt is valid they can still report it until that 7 year reporting SOL expires.

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I understood that. No disrespect, but what you're doing is kinda like when someone asks for a recipe for chocolate cake and you jump in and preach about how fattening chocolate cake is. I was clearly asking for specific information related to WhyChats method. If you don't have the information I asked for, then your information is of no help to me. So thanks, but no thanks.

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I understood that. No disrespect, but what you're doing is kinda like when someone asks for a recipe for chocolate cake and you jump in and preach about how fattening chocolate cake is. I was clearly asking for specific information related to WhyChats method. If you don't have the information I asked for, then your information is of no help to me. So thanks, but no thanks.

 

I kind of disagree: WhyChat says "follow this recipe and I guarantee you that you will get a chocolate cake" I simply point out that the recipe is flawed and while typically yields a chocolate cake there are circumstances where it will not make cake no matter what you do. The calorie content isn't relevant. :grin:

 

Feel free to follow the WhyChat method. It might work and all it costs is some stamps and CM fees along with time. If it does NOT work you will know why. WhyChat simply berates people for supposedly not following their method to the letter instead of acknowledging there is no legal basis to it and it isn't a violation to report a medical collection.

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I don't know what "Clydesmom" is posting as I have had her on ignore for quite a while because of her posts.

 

If you have followed the HIPAA letter program:

 

http://www.whychat.5u.com/GUIDEBOOK.html

 

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

 

You will find that the instructions state:that ONLY the initial dispute letter is done that way.


 

THESE INITIAL DISPUTE LETTERS ARE THE ONLY ONES YOU EVER SEND USING SPECIAL FONT
OR HANDWRITTEN TO PREVENT AUTOMATED PROCESSING

 

ALL OTHERS MUST BE PROPERLY TYPED AND BE BUSINESS LIKEAS THEY MAY BE USED IN COURT.MAKE SURE YOUR NAME AND ADDRESS ARE ON TOPOF EACH PIECE OF CORRESPONDENCE AND THAT EACH ONE IS DATED List ALL medical accounts as they appear on the report you are disputing, paid or unpaid

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I understood that. No disrespect, but what you're doing is kinda like when someone asks for a recipe for chocolate cake and you jump in and preach about how fattening chocolate cake is. I was clearly asking for specific information related to WhyChats method. If you don't have the information I asked for, then your information is of no help to me. So thanks, but no thanks.

I kind of disagree: WhyChat says "follow this recipe and I guarantee you that you will get a chocolate cake" I simply point out that the recipe is flawed and while typically yields a chocolate cake there are circumstances where it will not make cake no matter what you do. The calorie content isn't relevant. :grin:

 

Feel free to follow the WhyChat method. It might work and all it costs is some stamps and CM fees along with time. If it does NOT work you will know why. WhyChat simply berates people for supposedly not following their method to the letter instead of acknowledging there is no legal basis to it and it isn't a violation to report a medical collection.

Then feel free to post a thread about how the recipe doesn't work and people who are interested can read it. Otherwise, what you're doing is called "thread crapping" and I prefer my thread be a crap-free zone.

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While the WhyChat method does work in some cases there is absolutely positively NO LEGAL BASIS what so ever for it. It is the medical version of the legal nutcase letter.

 

You can read the response from the Department of Health and Human Services Office of Civil Rights answer on reporting of medical collections on a credit report:

 

http://www.hhs.gov/o...nesses/267.html

 

Does the HIPAA Privacy Rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

 

Answer:

 

No. The Privacy Rule’s definition of “payment” includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following protected health information about the individual: name and address; date of birth; social security number; payment history; and account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly, or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.

 

The Privacy Rule permits uses and disclosures by the covered entity or its business associate as may be required by the Fair Credit Reporting Act (FCRA) or other law. Therefore, the Department does not believe there is a conflict between the Privacy Rule and legal duties imposed on data furnishers by FCRA.

 

Here we go

 

 

http://www.hhs.gov/ocr/privacy/hipaa/faq/authorizations/474.html

 

 

 

Can an individual revoke his or her Authorization?

 

Answer:

 

Yes.

The Privacy Rule gives individuals the right to revoke, at any time, an

Authorization they have given. The revocation must be in writing, and

is not effective until the covered entity receives it. In addition, a

written revocation is not effective with respect to actions a covered entity

took in reliance on a valid Authorization, or where the Authorization

was obtained as a condition of obtaining insurance coverage and other

law provides the insurer with the right to contest a claim under the

policy or the policy itself.

 

The Privacy Rule requires that the

Authorization must clearly state the individual’s right to revoke; and

the process for revocation must either be set forth clearly on the

Authorization itself, or if the covered entity creates the

Authorization, and its Notice of Privacy Practices contains a clear

description of the revocation process, the Authorization can refer to

the Notice of Privacy Practices. Authorization forms created by or

submitted through a third party should not imply that revocation is

effective when the third party receives it, since the revocation is not

effective until a covered entity which had previously been authorized to

make the disclosure receives it.

 

 

 

 

 

If the debt does turn out to be valid, according to the law, one can pay and REVOKE AUTHORIZATION moving that time forward.

 

:)

Edited by anonyman

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Then feel free to post a thread about how the recipe doesn't work and people who are interested can read it. Otherwise, what you're doing is called "thread crapping" and I prefer my thread be a crap-free zone.

 

 

Thank you. I'd intervene, but you all are doing just fine. :grin: Why Chat's method works 99.9% of the time, and if you run into problems, he is right here and ready to help. Others come and go, and best I can tell, have their own agenda which seems to include insulting the folks who have been here for years, day in and day out.

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I understood that. No disrespect, but what you're doing is kinda like when someone asks for a recipe for chocolate cake and you jump in and preach about how fattening chocolate cake is. I was clearly asking for specific information related to WhyChats method. If you don't have the information I asked for, then your information is of no help to me. So thanks, but no thanks.

 

I kind of disagree: WhyChat says "follow this recipe and I guarantee you that you will get a chocolate cake" I simply point out that the recipe is flawed and while typically yields a chocolate cake there are circumstances where it will not make cake no matter what you do. The calorie content isn't relevant. :grin:

 

Feel free to follow the WhyChat method. It might work and all it costs is some stamps and CM fees along with time. If it does NOT work you will know why. WhyChat simply berates people for supposedly not following their method to the letter instead of acknowledging there is no legal basis to it and it isn't a violation to report a medical collection.

So, in the 3 months you've been here you've learned more about Why Chat's methods than Why Chat has? In three months you know it all and we don't know diddly? Now that you're being moderated, none of your nonsense will show up unless deemed worthy. And you brought it on yourself. I believe you were told previously to knock it off with regards to Why Chat.

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WhyChat,

 

My follow up letters to the CRAs were received on June 28. Equifax has marked it as under re-investigation. Experian has not marked it at all. What should I do about that?

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WhyChat,

 

My follow up letters to the CRAs were received on June 28. Equifax has marked it as under re-investigation. Experian has not marked it at all. What should I do about that?

You have checked Ex through the back door??

 

They have 30 days, wait until July 29th and if you have not received a response from Ex, file an FTC and CFPB complaint

http://whychat.5u.com/hipaaftccomp.html

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Received a response from the CA. Here is what it said:

 

 

FirstName OldMarriedLastName

My Current Address

My Current City/State

 

 

 

Date: July 1, 2013

Ref#: 1918XXX

 

As you are already aware, ARS represents the doctors who provide services in healthcare facilities throughout the country. In response to your request for verification of debt we have listed the information below. ARS has confirmed the outstanding balance of $ .00. This past due amount remains outstanding from services provided on the following date(s):

 

Service Date: Creditor Name: Invoice #: Original Balance: Current Balance: CBR#:

4/10/2011 SOLANO GATEWAY MEDICAL GROUP 0100559269-xxxxxxxx $843.00 $.00 7115752x

 

 

 

The account(s) are delinquent and may have been reported to the credit bureaus.

 

Please remit payment in full to the address shown above.

 

 

Best Regards,

 

 

 

Judy Oberman

Director

 

 

*This is an attempt to collect a debt and any information obtained will be used for that purpose.

 

 

The date of service is correct, the original creditor is correct and the current balance is correct, but the rest is completely wrong. What should I do next, WhyChat?

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Exactly what do you mean by " but the rest is completely wrong."??

 

What response have you had from Eq on the re-investigation?? Have you had any further response from Ex??

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The original balance and account/invoice numbers

 

EQ is still marked under investigation. No response from EX and still not marked as disputed.

Edited by UNI4790

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So even though I paid the CA, I would have to pay the OC as well to have it removed?

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So even though I paid the CA, I would have to pay the OC as well to have it removed?

Sorry, I missed that you had already paid it!!

 

Is it reporting as a "paid" collection

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Yes, it's reporting as a paid collection.

 

Also, got results back from Follow Up Letters to CRAs yesterday. Experian is refusing to reinvestigate saying they already did and it came back verified and Equifax's re-investigation came back verified as well.

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It is VERY HARD to get a paid collection off reports when you have paid the CA.

 

Especially such a recent account

 

That is why the HIPAA letter program was designed to pay the OC and prevent the account from being reported as a paid collection.

 

You will just have to live with it. It isn't affecting your score very much as there is only a 2 year difference between the original collection account and the new "paid" account.

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