Seeking Help Dealing With Collections

[Matt46]

On 6/12/2023 at 8:17 PM, TurdFerguson1 said:

I may be late to the party here but…..I’ve got a buddy that just had a medical collection come to him. He owed it, but he found out that  the tricky thing with medical collections is the red tape due to HIPAA. In order to collect on a debt, a debt collector must have the original contract bearing the debtors signature for the debt to be contractually binding. If no HIPAA Authorization form was signed by the patient to release this, then there is no original contract. I’m guessing they only sent you dates, times, procedures, costs minus insurance and copays? 
 

My friend wrote a letter and worded it like this:

 

I have just received two collection letters from your company. One in the amount of $xxx and the other in the amount of $xxx.  Reference number XXXXXXXX .  I formally deny any responsibility of this debt.  Perhaps you have entered it in error as I see that you are not the original creditor or owner of the account.  I hereby demand that you validate and conduct a full proper investigation into this debt or delete it. 

To be clear, I have the right to have this debt validated, as I believe you are reporting this account in error.  As I see that this is a medical collection, please provide me with the date of the alleged medical service(s), the medical provider, and the name of the patient and any contractual obligation which binds me to this medical debt.  Furthermore, I am also requesting an agreement that bears the signature of the alleged debtor where he or she signed an authorization form for HIPAA.

 

ACCOUNT: (In this case it would be Credence Resource Management with the reference number)

 

If you cannot present what I request, I demand that you cease and desist on your erroneous attempted collection and refrain from reporting this account to the credit bureaus to avoid violating section 623a (1)A: reporting information with actual knowledge of errors.

Please respond in writing within 30 days so we can resolve this matter without any more violations.

Thank you.

 

If they respond to that and don’t provide you with the original contract bearing your signature or the HIPAA Authorization form that you demanded(they won’t), then file a claim with the Consumer Financial Protection Bureau. 
 

My buddy did this, and he got a resolution in under 24 hours from the collection agency and was informed that the account was put in a “ceased status” and that “there will be no further contact from XXXXX or the law firm XXXXXXX. 
----------------------------------

 

On 6/12/2023 at 8:17 PM, TurdFerguson1 said:

Thanks for the info! Do you think I can send this in addiction to what I sent the the ambulance company (above) without any problems?

 

[Why Chat]

You are VERY "late to the party".

I developed the HIPAA letter program when HIPAA was first put into force.

 

https://whychat.me/GUIDEBOOK.html

 

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

[Matt46]

2 hours ago, Why Chat said:

You are VERY "late to the party".

I developed the HIPAA letter program when HIPAA was first put into force.

 

https://whychat.me/GUIDEBOOK.html

 

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

WhyChatt, would you recommend not sending this additional letter to Credence if I already sent your suggested letter to the ambulance company?

[Why Chat]

If you are referring to the suggested letter by newbie Turd, I suggest NOT paying any attention to anything anyone who posts ANY suggestions who has been on the forum less than 100 posts. He is either a well meaning newbie or a destructive CA plant.

[Matt46]

Thank you. I have not heard back from the ambulance company after sending my letter. What is my next step?

 

Thanks,

 

 

[Why Chat]

I suggest you wait a while. Did you ever get a notice of delivery?? If you re-read (assuming you read them in the first place) the instructions in the guide:

https://whychat.me/GUIDEBOOK.html

You may have missed the mailing instructions:

PRIORITY MAIL INSTRUCTIONS

 

Here is how to send priority mail letters:

 

All of the letters in the program except for those which specify certified mail require PRIORITY MAIL. That is because priority mail, unlike certified mail is forwarded.

[Matt46]

I did read the instructions but was a little confused on the priority mail. Unfortunately I did send it certified and alas delivery is still in limbo according to online update. USPS is investigating. If I do end up getting confirmation it was delivered, do I still need to send it priority?

 

 

 

[Why Chat]

Resend it Priority mail WITHOUT SIGNATURE You will NEVER get confirmation of certified delivery. At some point you MAY get it returned to you as undeliverable.

[Matt46]

what is the next step if I don't ever hear back from the ambulance company?

[Why Chat]

It depends-- is the account reporting?? How old is the account(date of ambulance service)did you have insurance that covered other billings for the same date, if so get your EOMBs (explanation of medical benefits) from your insurance Co. 

[Matt46]

I received first notice from collections agency on April 3, 2023. Date of service with ambulance company is December 2021.  I did have insurance that covered other billings on that date. In my letter to HIPAA dept. of ambulance company I included an EOB from 2022 showing insurance payment to ambulance company for a subsequent charge, showing they had my insurance information. No sign of this on credit report.

 

Thank you.

[Why Chat]

You didn't say if it is reporting on any of your credit reports or not. If it is not reporting then you need not worry about it. If it IS reporting follow the guides.

https://whychat.me/GUIDEBOOK.html

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

The first step is to send a dispute letter to each CRA. INITIAL HIPAA DISPUTE LETTER  https://whychat.me/hipaadisp.html

[Matt46]

Thank you.  Would you expect the ambulance company to eventually respond to my letter?

[Why Chat]

Probably not--it is more than likely that it is NOT the actual ambulance Co contacting you but a bottom feeder collection agency.

[Matt46]

Yes, the collections agency contacted me. So ambulance co. would not feel compelled to comply with the following in letter I sent?:

 

"Therefore I am requesting you promptly delete all such account information that has been or may be furnished to any collection agency and  purge all records of any reference to this account, and that you insure that any and all reporting of this account is prohibited from being reported to my credit reports.

 

Please respond, in writing within 10 days that you are processing this request."

 

 

 

[PeanutButterFalcon]

I am in a similar situation and the collections is not yet reporting to the collections agencies. I'm trying to figure out the best approach. I don't have advice but kindly saying that I'm keeping an eye on this!

[Why Chat]

Situations may APPEAR to be similar but the devil is in the details.

 

Under 2 years from date of service it MAY be something to worry about-- over 2 years probably not.