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13 year old medical college debt sent to AG office who then assigned CA

The last post in this topic was posted 1221 days ago. 

 

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This happened 7 years before I met my wife, heart surgery #3. She was 21 at the time, of age yes but shame on her parents for not helping with this back then. OC and CA have been sending to wrong address for 13 years. Uncle sam took her state tax refund ($580) out of the blue this year or we wouldn't have had any idea it was owed.

 

Amount $630 verified from medical billing (OC) statement forthcoming via US mail, CA says $1,200 is owed in total, hence some $570 in apparent fees. Have a couple questions:

 

 

Will the amount siezed from her state tax refund be applied to OC debt, CA's fees, or a mixture of the two?

 

Can I fight CA (assigned by Ohio attorney general) in an attempt to return the debt to OC (in effort to negate the fee)? FCBA violation, sending to incorrect address, etc... or am I playing with fire considering the Ohio AG factor?

Edited by Headwaters44

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Are you SURE the seizure of her refund was due to a medical account debt?? Unless it was a Federal medical facility ( or an Indian facility) that is unlikely.

 

Try to get some factual data and go from there. Follow the guides ( for both you and your wife)

https://whychat.me/GUIDEBOOK.html

 

https://whychat.me/GUIDE%20HIPAA%20PROGRAM.html

 

Make sure you dispute any and all errors on your reports. Look for alternate spelling of names, unknown addresses alternate SS#s.

 

If your wife has a Federal tax lien it may be referenced on her report.

 

Send the initial dispute letter to the CRAs on any and all medical accounts appearing on the reports.

https://whychat.me/hipaadisp.html

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Are you SURE the seizure of her refund was due to a medical account debt?? Unless it was a Federal medical facility ( or an Indian facility) that is unlikely.

 

Try to get some factual data and go from there. Follow the guides ( for both you and your wife)

https://whychat.me/GUIDEBOOK.html

 

https://whychat.me/GUIDE%20HIPAA%20PROGRAM.html

 

Make sure you dispute any and all errors on your reports. Look for alternate spelling of names, unknown addresses alternate SS#s.

 

If your wife has a Federal tax lien it may be referenced on her report.

 

Send the initial dispute letter to the CRAs on any and all medical accounts appearing on the reports.

https://whychat.me/hipaadisp.html

 

Thank you so much for the info whychat.

 

This is a state tax refund offset by the Ohio attorney general's office.

 

The CA told me they were assigned by AG to collect debt.

 

My main goal is to try to only pay original amount due to OC (not the tacked on CA fees). Is this a possibility?

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not understanding

 

was the the state run MCO (medical college of ohio) where she had surgery ?

 

or is this for medical services provided by some other state college ?

 

http://codes.ohio.gov/orc/131.02

 

Yes this is a surgery done at UT Medical College of Ohio (state subsidized/funded). My two goals are to resist CA fees (if possible). And determine ahead of time if the tax refund offset will be applied first to original balance or CA's fees. If this amount goes towards original balance she will only owe about $50 more.

 

Does the CA typically have a legal right to their collection fees, in this case about twice the original debt?

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I can't determine the validity of the reporting CA 's claim.

 

The CA told me they were assigned by AG to collect debt.

 

There is a POSSIBILITY that they are lying. If, in fact a tax refund was taken from her and applied to the balance it is VERY DOUBTFUL that the CA is/was actually involved.

 

If you follow the program and send in the disputes to the CRAs and the accounts are NOT deleted, you can then proceed with the medical DV to the CA. This would require them to be able to furnish COMPLETE account information, including private medical data. If, in fact, the ACCOUNT information was turned over to the CA for collection, it would not/could not include a transfer of the HIPAA release, as that can only be assigned to a business associate of the OC ( hospital). In other words, the reporting CA MAY have the $$ account assigned but is still NOT allowed to report private medical data.

 

Don't worry about how the tax refund is allocated, it is VERY DOUBTFUL that the CA will get a dime of it or that their claim is valid. By following the HIPAA letter program you will be able to find the truth and resolve the problems and get your wife's credit cleared up.

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I can't determine the validity of the reporting CA 's claim.

 

The CA told me they were assigned by AG to collect debt.

 

There is a POSSIBILITY that they are lying. If, in fact a tax refund was taken from her and applied to the balance it is VERY DOUBTFUL that the CA is/was actually involved.

 

If you follow the program and send in the disputes to the CRAs and the accounts are NOT deleted, you can then proceed with the medical DV to the CA. This would require them to be able to furnish COMPLETE account information, including private medical data. If, in fact, the ACCOUNT information was turned over to the CA for collection, it would not/could not include a transfer of the HIPAA release, as that can only be assigned to a business associate of the OC ( hospital). In other words, the reporting CA MAY have the $$ account assigned but is still NOT allowed to report private medical data.

 

Don't worry about how the tax refund is allocated, it is VERY DOUBTFUL that the CA will get a dime of it or that their claim is valid. By following the HIPAA letter program you will be able to find the truth and resolve the problems and get your wife's credit cleared up.

 

Ok, thanks whychat. This is encouraging information. I just find it so odd that the Attorney General won't let me discuss the issue with them. I haven't talked to an actual person, but everytime I call the robo refers me to this 'Eric Jones' Attorneys in Columbus area, aka the supposed CA. The OC did say that any tax refund offsets will not reflect with them for up to 2 months. Which is unfortunate because that could be just enough time to push the debt remainder of the debt to her employer for garnishment, which I want to avoid.

 

But nonetheless I will start proceeding with the program to see what I can accomplish.

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Interesting case law on the subject of this CA law firm:

 

Although it is true that special counsel are authorized to collect certain debts assigned to them on behalf of the Attorney General, they are not authorized to do so by law.
Aside from the findings in this case, ( which was also a medical debt) there was no reference to the violations of the HIPAA privacy rules which weren't enacted until years later.The rules issued by HHS (the "Privacy Rule") took effect on April 14, 2001.
However any activities subsequent to April 14, 2001 ARE covered by the penalties and constraints of the HIPAA privacy rules. Since your wife could not have signed a HIPAA waiver when she was treated, there is NO ONE who has any authority to report or discuss or give any kind of validation from this law office. ( Or in fact the AG office, which is why they can't discuss it with you)

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Interesting case law on the subject of this CA law firm:

 

Although it is true that special counsel are authorized to collect certain debts assigned to them on behalf of the Attorney General, they are not authorized to do so by law.
Aside from the findings in this case, ( which was also a medical debt) there was no reference to the violations of the HIPAA privacy rules which weren't enacted until years later.The rules issued by HHS (the "Privacy Rule") took effect on April 14, 2001.
However any activities subsequent to April 14, 2001 ARE covered by the penalties and constraints of the HIPAA privacy rules. Since your wife could not have signed a HIPAA waiver when she was treated, there is NO ONE who has any authority to report or discuss or give any kind of validation from this law office. ( Or in fact the AG office, which is why they can't discuss it with you)

 

 

Wow, couldn't have guessed I'd get such good advise and info, thanks whychat for all you do here. It seems knowledge is power in this situation

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Interesting case law on the subject of this CA law firm:

 

Although it is true that special counsel are authorized to collect certain debts assigned to them on behalf of the Attorney General, they are not authorized to do so by law.
Aside from the findings in this case, ( which was also a medical debt) there was no reference to the violations of the HIPAA privacy rules which weren't enacted until years later.The rules issued by HHS (the "Privacy Rule") took effect on April 14, 2001.
However any activities subsequent to April 14, 2001 ARE covered by the penalties and constraints of the HIPAA privacy rules. Since your wife could not have signed a HIPAA waiver when she was treated, there is NO ONE who has any authority to report or discuss or give any kind of validation from this law office. ( Or in fact the AG office, which is why they can't discuss it with you)

 

 

Wow, couldn't have guessed I'd get such good advise and info, thanks whychat for all you do here. It seems knowledge is power in this situation

 

Please be aware...the US Supreme Court overruled the 6th District and said that special counsel CAN use AG letterhead.

 

https://www.supremecourt.gov/opinions/15pdf/15-338_lkgn.pdf

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Interesting case law on the subject of this CA law firm:

 

Although it is true that special counsel are authorized to collect certain debts assigned to them on behalf of the Attorney General, they are not authorized to do so by law.
Aside from the findings in this case, ( which was also a medical debt) there was no reference to the violations of the HIPAA privacy rules which weren't enacted until years later.The rules issued by HHS (the "Privacy Rule") took effect on April 14, 2001.
However any activities subsequent to April 14, 2001 ARE covered by the penalties and constraints of the HIPAA privacy rules. Since your wife could not have signed a HIPAA waiver when she was treated, there is NO ONE who has any authority to report or discuss or give any kind of validation from this law office. ( Or in fact the AG office, which is why they can't discuss it with you)

 

 

Wow, couldn't have guessed I'd get such good advise and info, thanks whychat for all you do here. It seems knowledge is power in this situation

 

Please be aware...the US Supreme Court overruled the 6th District and said that special counsel CAN use AG letterhead.

 

https://www.supremecourt.gov/opinions/15pdf/15-338_lkgn.pdf

 

The use of the AG letterhead was NOT the issue in the OP case. It was the lack of HIPAA authorization. The fact that they are permitted to use a letterhead does not imply or even suggest that they have authority to collect on a medical debt. The Supreme Court decision did NOT address that question but ONLY addressed the use of the letterhead.

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The last post in this topic was posted 1221 days ago. 

 

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