Missed Step 2 in the Why Chat HIPAA program

[LT7]

I have 2 medical collections for 2 different providers being reported to Experian and TransUnion by the same CA and a 3rd collection with Equifax with a different CA.

 

I started the HIPAA dispute programs for all them with these results:

 

• TransUnion:  both items were deleted
• Experian: both items were verified with a note to contact the CA for more info
• Equifax:  No Response at all and no deletion

 

I started the HIPAA dispute program  for the Experian collections but skipped the 2nd step of Medical DV to the CA by mistake.  Instead, I  sent money order payments to both the OC's using the HIPAA letter and have copies of the deposited and canceled money orders from my bank.  The collections have not been deleted  and I haven't receive a response from the OC's at all.

 

Knowing the I missed the DV step with the CA, what should I do now to continue the process for getting the Experian entries deleted?

 

For the Equifax entry with no response, do I just start over again?

 

Thank you!

[Why Chat]

If you didn't complete the program you paid the OC without verifying their CURRENT business relationship to the reporting CA. It is more than likely that your money order was NOT applied to your account at all and may have been applied to their misc. payments accounts. If it has been longer than 2 years since your date of medical service the OC would have no active account data for you.

 

Send the medical DV to the CA for BOTH the Ex and the Eq account

https://whychat.me/ltrcavalhipaa.html

Send the follow up disputes to both Ex and Eq

https://whychat.me/ltrcavalhipaa.html#DISPUTE

 

For the Eq follow up dispute so NOT change anything except to include a copy of the postal receipt of the dispute you sent them and a copy of the dispute you sent them.

 

[LT7]

I have results back now for CA DV on the Experian reports.  The CA sent a letter noting the  1 item was deleted but did not include any mention of the second item. My Experian report shows the second item was "updated" on  1/15/2021.

 

I also got a" "verified"  response from Equifax on the 3rd item.

 

I have not sent any follow ups to the CRA's yet.

 

Should I follow up now with Experian for the item that was not deleted with this:  https://whychat.me/ltrcavalhipaa.html#DISPUTE  or write to the OC that deposited my payment again?

 

For the 3rd item, do I send a DV to the CA or can I send the HIPAA letter and payment to the OC now?

 

Thank you for your guidance.  I'm trying to follow directions with more focus now.

 

 

 

 

 

 

[Why Chat]

Sorry but I am confused!!

"The CA sent a letter noting the  1 item was deleted but did not include any mention of the second item" Did you mean the CRA?

 

DO NOT SEND ANY MORE PAYMENTS TO ANYONE!!

 

You sent the initial dispute letters to all 3 CRAs for all medical accounts??

https://whychat.me/hipaadisp.html

You sent the medical DV to the CA for any and all CRAs for any accounts that were NOT deleted?

https://whychat.me/ltrcavalhipaa.html

You sent the follow up disputes to those CRAs?

https://whychat.me/ltrcavalhipaa.html#DISPUTE

 

[LT7]

"The CA sent a letter noting the  1 item was deleted but did not include any mention of the second item" Did you mean the CRA?

No.  It was the CA responding to the DV letter

 

 

You sent the initial dispute letters to all 3 CRAs for all medical accounts??

https://whychat.me/hipaadisp.html

• Yes

 

 

You sent the medical DV to the CA for any and all CRAs for any accounts that were NOT deleted?

https://whychat.me/ltrcavalhipaa.html

• Yes for  this one :  "The CA sent a letter noting the  1 item was deleted but did not include any mention of the second item" Did you mean the CRA?
• No for the Equifax that just "Verified".  Writing that DV now and NOT sending any payments

 

You sent the follow up disputes to those CRAs?

https://whychat.me/ltrcavalhipaa.html#DISPUTE

• Have not sent any follow ups yet.  Should these have been sent at the same time as the DV's?

[Why Chat]

On 2/12/2021 at 1:55 PM, LT7 said:

You sent the follow up disputes to those CRAs?

https://whychat.me/ltrcavalhipaa.html#DISPUTE

• Have not sent any follow ups yet.  Should these have been sent at the same time as the DV's?

Yes the instructions CLEARLY state that as soon as you have proof of delivery of the medical DV you should send the follow up disputes to the CRAs

As soon as you have proof of receipt of the above medical DVs, you send each CRA this:

FOLLOW UP DISPUTE LETTER TO CRAs

https://whychat.me/ltrcavalhipaa.html#DISPUTE

[LT7]

Ok, I've sent the follow up dispute to the CRA's for the EX entry and I have also received the CA's validation that establishes the relationship with the OC and included verification of the date of service and correct billing amount.  This is OC account that I had already paid when sending the HIPAA letter.  So now I have the CA's DV response information,  a copy of the deposited money order and copy of the HIPAA letter sent to the OC and priority mail receipts for correspondence to the OC and CA.

 

What should I do now for this entry?  

 

On the third "No Response from EQ" item,  EQ has verified the entry and sent the contact information for that CA.  I have sent that CA the DV Letter and waiting for proof of delivery to send the follow up letter to EQ. 

 

Thank you for your help with this and I hope that other members can benefit from my missteps.

 

 

[Why Chat]

OK, let me be sure about your data.

You disputed an account ( let's call it account #$) that you had already paid to the OC with the HIPAA letter insert "a". The CRAs did not delete the account, it is still reporting as "unpaid"??

You recently sent the follow up dispute to Ex.--- Is this account (#$) on any other report besides Eq and Ex??(TU)

 

What was the date of the medical service??

 

 

[LT7]

OK, let me be sure about your data.

You disputed an account ( let's call it account #$) that you had already paid to the OC with the HIPAA letter insert "a". The CRAs did not delete the account, it is still reporting as "unpaid"??

Yes

 

You recently sent the follow up dispute to Ex.--- Is this account (#$) on any other report besides Eq and Ex??(TU)

It is only on EX

 

What was the date of the medical service??

10/21/2017

[Why Chat]

OK-- I think you paid the OC BEFORE you documented a CURRENT business relationship between the OC and the reporting CA. This means that your payment to the OC had no effect on the CA reporting. It was $$ down the drain as they probably applied it to a general fund and not to your account.

 

Because the  reporting CA is NOT in a  current business relationship with the OC all you can do is to continue the HIPAA letter program and wait for a response from your RECENT follow up disputes.

[LT7]

I'm a little confused about the 2 year limit on a business relationship and DV requirements.

 

The CA replied to the DV with

• a partial copy of a "Patient  Consent Agreement" with just my signature and a "witnessed" date and timestamp
• a copy of the OC's "This is not a bill.  This is an itemization of your medical services for ...."
• a letter from the CA restating the balance and this is an attempt to collect a debt.

There's nothing that references an assignment, transfer or authorization from the OC at all.  Is this what the follow up dispute back to CRA will address? 

Are these items enough to establish a "current relationship"?

If there's no current relationship, does the dispute end with the CRA deleting the item?

 

Thank you.

 

 

 

 

 

[Why Chat]

If the copies they produced were all dated on or near the date of your medical service then this CA is improperly claiming a CURRENT business relationship with the OC. The HIPAA privacy rules state that your signed waiver is NOT transferable to any 3rd party without your signed consent. Having copies of your signed consent agreement and copies of your billing are NOT proof of a current business relationship.

 

And yes, if you are able to get the accounts deleted by dispute there is nothing the CA can do (legally). If they send you something that implies that they will sue you can file a complaint against them with your State and sue THEM for damages.

[LT7]

I got an email notice from Experian in response to the follow letter.  I haven't accessed the web site for the update because one of check boxes to access the update is a consent agreement for all electronic  communications that I read was a mistake to accept.  I'm waiting a few more days to see if I get a letter with the results.

 

I can already see that Experian has updated the collection account and did not delete it.  I also haven't received any other correspondence from the CA either.

 

My date of service was 10/21/2017 and the CA hasn't demonstrated a current business relationship with the OC.  What can I do now?

 

I still have my copy of the HIPAA letter I sent to the OC that included the CA's account info and the copy of the deposited money order for the full amount of the collection  sent to the OC.  It seems obvious that neither Experian or the CA actually validated anything.  Should I try writing another letter to OC, CA and CRA with copies of my documents?

 

 

 

 

 

 

[Why Chat]

It is IMO pointless to send copies of your payment to anyone.

As I said before, you paid before documenting a CURRENT relationship between the OC and the reporting CA. MONEY DOWN THE DRAIN

 

Where are you in the dispute program?

You sent the CRA ( only reporting to Ex.??) the initial dispute letter?

https://whychat.me/hipaadisp.html

They did not delete

You sent the reporting CA the medical DV?

https://whychat.me/ltrcavalhipaa.html

You sent Experian the follow up dispute?

https://whychat.me/ltrcavalhipaa.html#DISPUTE

[LT7]

I understand the money down the drain part and my real concern is getting rid of the collection account.

 

Here's what I've done:

 

You sent the CRA ( only reporting to Ex.??) the initial dispute letter?

https://whychat.me/hipaadisp.html

• Yes
• CRA did not delete

 

You sent the reporting CA the medical DV?

https://whychat.me/ltrcavalhipaa.html

• Yes
• CA responded with 
  • A letter with the balance they claim I owe dated 2/10/2021
  • a copy of one page of a Patient Consent Agreement with my signature from the OC dated 10/20/2017
  • a copy of a letter / itemization of medical services date 11/04/2017 from the OC.  It clearly states "This is not a bill."

 

You sent Experian the follow up dispute? 

https://whychat.me/ltrcavalhipaa.html#DISPUTE

• Yes
• The collection account status was updated with: The information you disputed has been verified as accurate; however, information unrelated to your dispute has been updated. Please review your report for the details. 

 

I think I am in the same situation now that I would have been in without sending any payment by mistake:

• No Deletion by CRA
• No Validation  by CA or or Current Relationship with OC
• No Deletion by CRA on follow up

 

What should I do next?

[Why Chat]

OK, Have you reviewed your report?? What change was made??

 

If the account has been "updated" inaccurately then you can file a complaint against Ex with the CFPB

https://whychat.me/hipaaftccomp.html

 

DO NOT mention your payment to the OC. Just list the disputes you have filed and the fact that Ex is the only CRA ever reporting this unknown invalid account