Substance Abuse Facility reporting on my Credit Bureau Is this a HIPPA Violation

[minniemouse55121]

Hello Everyone,

 

I have been battling cancer since 2012. I am in my 3rd remission. I was told to go find a job. My background is in banking. I recently applied at a bank and was sent a letter with my Credit Bureau Report stating I owed a small debt to a Treatment Facility.

 

I feel because they use their name and location on my credit bureau, the whole world who looks at my credit will know that I went thru inpatient treatment.

 

Do I have any recourse? Substance Abuse treatment is confidential. I feel violated. Even if I had the werewithal to pay the balance (which I don't) It would still show their name.

 

All suggestions and advice would be appreciated.

 

Minniemouse

[tweak]

How exactly is this account listed on your reports?

 

Original Creditors (OCs) who are medical providers are not allowed to report directly, and must go through Collection Agencies (CAs) who can report on their behalf.

 

The CA can show the OC only in reports issued to you personally, but the CRAs are required to hide the OC (and list just "medical") in reports provided to others (like employers or creditors).

 

If there is no CA involved in what you see on your credit reports, then I would think this is a clear violation.

 

 

I'm sure WhyChat will be along to provide more help on this.

[Why Chat]

How did you obtain the report you are referring to?? If it was sent to you, then there is no violation, if it was sent to anyone else then there IS a clear violation. Was this a "merged" report, or from one specific CRA.

 

Follow the guides:

 

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

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

 

Send the initial dispute letter to any CRA reporting this account

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

[ICANHASMUNY?]

Hello Everyone,

 

I have been battling cancer since 2012. I am in my 3rd remission. I was told to go find a job. My background is in banking. I recently applied at a bank and was sent a letter with my Credit Bureau Report stating I owed a small debt to a Treatment Facility.

 

I feel because they use their name and location on my credit bureau, the whole world who looks at my credit will know that I went thru inpatient treatment.

 

Do I have any recourse? Substance Abuse treatment is confidential. I feel violated. Even if I had the werewithal to pay the balance (which I don't) It would still show their name.

 

All suggestions and advice would be appreciated.

 

Minniemouse

 

Was this " letter " from the bank you applied with, and was there an "Adverse action notice" stated anywhere?

 

 

https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know

 

Before You Take an Adverse Action

 

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee:

a notice that includes a copy of the consumer report you relied on to make your decision;

and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act,

which the company that gave you the report should have given to you.

 

Giving the person the notice in advance gives the person the opportunity to review the report and tell you if it is correct.

 

After You Take an Adverse Action

 

If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically.

 

An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information. The notice must include:

the name, address, and phone number of the consumer reporting company that supplied the report;

a statement that the company that supplied the report did not make the decision to take the unfavorable action and can't give specific reasons for it; and

a notice of the person's right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.