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HIPAA violation


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Hi WhyChat,

 

You have helped me during this process but I have come to a wall with this and need some ideas.

 

First let me recap quickly.

I have 9 medical collections from Wisconsin on EQ and one still on EX. Following your step by step I was able to get 7 removed from EX and all removed with TU. Next step, I sent a HIPAA DV to the CA and with confirmation of acknowledgement I then sent a dispute to EQ and EX on the remaining ones with them. EX wont remove and EQ is still in dispute.

TODAY, after so many weeks I received a letter from the CA with only 5/9 so called accounts with a minors name (my daughter), her birthdate, account number, physicians name, DOS and facility. Now mind you these are not bills. This is a typed out word document. There is NOTHING to these said amounts that I can identify. dates are 2011 and 2 for 2012. The thing is, In 2010 I moved to Florida, my daughter lived with her father in Wisconsin and was under his insurance primary, mine as back up. so I never went or knew about these visits if she did go. I have absolute no knowledge of such visits, such amounts or accuracy of anything claimed; I have no EOB's. (why would I right, she wasn't living with me!)

 

Anyways the CA sent me this information without signatures of releasing health information. Nor did the Health facility when they gave this information to the CA's. This is a minor so I know she didn't sign for anything. There isn't any signatures because I never signed anything for her care while in Florida..

What I need to know now are options. Can you direct me to any articles, HIPAA sites.. directions? I work in healthcare with medical records and personal information everyday. I know for a fact that what they sent me is ILLEGAL. Any account numbers, birthdays, full name, patient information is a big no no without written consent. Again no signatures!!!!

 

I'm really not in the mood to play games at this point with them. There would have to be a lot of proof that they would have to supply me in order for me to even consider paying the OC. They both violated HIPAA laws.

 

Please let me know what your thoughts are.. Thank you WHYChat.

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Someone signed the HIPAA release forms for your daughter's health care services. That release allowed the health care provider to share data with other doctors AND collection agencies with whom they had a business relationship.

 

I don't understand your post referring to your disputes.

You followed the program and obtained deletions from almost all the CRAs for almost all the CA accounts.

 

If there are still some accounts on some CRA reports then your next step would be a complaint to the CFPB against the CRA

 

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

 

Before you do that-- review your reports . You can use the back door of each CRA make sure you opt out again when you are done

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