HIPAA OCR Complaint closed. Nothing done. Now what?

[creditgonewild]

Hi, I have been reading the forums quietly for quite a while now. Thanks for all the great help!

 

I am down to just a couple things left to remove, one being a $50 paid medical bill from 11/2000 being reported by a collection agency

 

To make a long story short, I followed WhyChat's advise EXACTLY, with no luck. In March I filed a complaint with the OCR. Today I received this letter back:

 

 

Thank you for your complaint on March 30, 2004, by the US Dept of Health and Human Services Office for Civil Rights. In your complaint you alleged a villoation of the Federal Stands for Privacy of Individually Identifiable Health Information (45 CFR Parts 160 and 164 Subparts A and E the "privacy rule". Specifically, the complaint alleged that ABC Hospital provided your private health care information to a credit and billing collection agency without your signed authorization.

 

OCR enforces the privacy rule and also enforces federal civil rights laws which prohibit discrimination in the delivery of health and human services because of race, color, national orgin, disability and age. OCR will not be able to accept your complaint for investigation. Your allegation that ABC Hospital provided your private health care information to a credit agency and billing collection agency without your signed authorization, even if fully substantiated, would not violate the privacy rule. Section 164.506(a) of the privacy rule permits entities such as ABC Hospital to disclose its patients' protected health information for the purpose of payment for services provided. OCR therefore is closing this complaint.

 

 

 

Any advise on what to do now?

[SassyinAz]

Hi, I have been reading the forums quietly for quite a while now. Thanks for all the great help!

 

I am down to just a couple things left to remove, one being a $50 paid medical bill from 11/2000 being reported by a collection agency

 

To make a long story short, I followed WhyChat's advise EXACTLY, with no luck. In March I filed a complaint with the OCR. Today I received this letter back:

 

 

Thank you for your complaint on March 30, 2004, by the US Dept of Health and Human Services Office for Civil Rights. In your complaint you alleged a villoation of the Federal Stands for Privacy of Individually Identifiable Health Information (45 CFR Parts 160 and 164 Subparts A and E the "privacy rule". Specifically, the complaint alleged that ABC Hospital provided your private health care information to a credit and billing collection agency without your signed authorization.

 

OCR enforces the privacy rule and also enforces federal civil rights laws which prohibit discrimination in the delivery of health and human services because of race, color, national orgin, disability and age. OCR will not be able to accept your complaint for investigation. Your allegation that ABC Hospital provided your private health care information to a credit agency and billing collection agency without your signed authorization, even if fully substantiated, would not violate the privacy rule. Section 164.506(a) of the privacy rule permits entities such as ABC Hospital to disclose its patients' protected health information for the purpose of payment for services provided. OCR therefore is closing this complaint.

 

 

 

Any advise on what to do now?

 

Thanks for sharing that ruling so completely, concisely and directly. It will help a lot of people!!!!!!! That unfortunately is the SAME ruling everyone has received, and that Whit has cautioned with, that has pursued the series through filing a complaint.

 

What did you do before sending the Hipaa letter/series? Did you ever send a validation letter?

 

And, did you pay this with your first Hipaa letter or was it otherwise not owing for some other reason?

 

Importantly, whether paid or unpaid, is anything about the reporting inaccurate?

 

Sassy

[creditgonewild]

<What did you do before sending the Hipaa letter/series? Did you ever send a validation letter? >

 

 

 

 

 

<And, did you pay this with your first Hipaa letter or was it otherwise not owing for some other reason? >

 

It was already paid prior to the Hipaa letter and did show as a paid collection on Exp.

 

I paid the money to the hospital, as soon as an insurance mixed up was fixed. A few days after that, I received a collection letter. I called the hospital about it and they told me to disreguard the letter, the account was paid. Not knowing any better, that's what I did. I didn't realize it was on Exp until I started the credit repair.

 

 

 

<Importantly, whether paid or unpaid, is anything about the reporting inaccurate?>

 

Unfortunately nothing is reporting inaccurately. In fact there is very little reporting other than the name of the CA, the original hospital, the amount originally owed $50, current balance $0 and the date it was due and paid. As far as I remember the dates are correct.

 

 

While sending the hipaa letters to the hospital, I never recieved anything from them. I did however, receive a letter from the CA saying the account was paid and no further collection activity would be taken. I initailly thought great they won't verify with Exp. But Exp came back verified.

[CramItCCCAs]

Just picking up a little on what Sassy was saying, I would now send a modified DV letter to this CA. Disputing directly with them will set up an accuracy complaint and possible deletion. If they are vague in their reporting how can it can be construed as accurate?

[teh]

if it was an insurance screwup and already is paid, then I would contact the hospital and have them have the ca remove the item from your report since you said they told you to disregard it.

 

I have had luck in doing this myself with a few medical collections that I had paid, and even have the letters they sent me back for such demands made by the oc to the ca.

[CramItCCCAs]

if it was an insurance screwup and already is paid, then I would contact the hospital and have them have the ca remove the item from your report since you said they told you to disregard it.

 

I have had luck in doing this myself with a few medical collections that I had paid, and even have the letters they sent me back for such demands made by the oc to the ca.

 

The OP already has contacted the OC and filed a HIPAA complaint, you want the OP to call the hospital now and ask them to delete?

[teh]

if it was an insurance screwup and already is paid, then I would contact the hospital and have them have the ca remove the item from your report since you said they told you to disregard it.

 

I have had luck in doing this myself with a few medical collections that I had paid, and even have the letters they sent me back for such demands made by the oc to the ca.

 

The OP already has contacted the OC and filed a HIPAA complaint, you want the OP to call the hospital now and ask them to delete?

 

heh, whats the worst they could say, no?

 

Plus, if he has any evidence from it being paid and them telling him not to worry about it, it would help his case.

[CramItCCCAs]

I'm all for the easy approach, however I would get the modified DV letters ready, you'll need them.

[swedishhands]

I thought contacting the CA with a Modified DV or any communication for that matter would forfeit any rights that HIPAA provides??

 

I'm in the same boat as well.

 

I have a paid dentist bill for $99. The CA has changed the payment status on Experian to now say: was a collection account, insurance claim or government claim or was terminated for default.

 

I just sent another nasty letter to the Dentist which includes an ITS. Not sure if she will back down on this.

Any suggestions on how to get this deleted from Experian?

 

Thanks, Michael

[Allie]

bump as I am in the same boat.

[swedishhands]

Bump. I'm trying to get the Dentist to send me a letter that states they have asked the CA to delete the tradeline knowing full well that the little jerk will not. If I receive that letter then I'll send it to Experian asking them to delete based on the letter..

It's worth a try. Nothing to lose at this point since at least it is reporting paid.

These pesky little $99 tradelines are a pain in my flowers.

[jamiern]

I know as a RN and i see a lot of forms come through and I decied to pick one up and read about the reporting agency chrageoff problem and it being a hippa violation. In the fine print of you agree to pay or your consent to be treated it says that you authorize them to bill you insurance and that you will pay what is left over and that you also agree for any unpaid balance to be turned over to collection agencies or whoever to collect the debt. This is a bad parphrase but this is what is meant.

[teh]

yeah we have a billing agent here at our clinic (we treat cancer) and she has said the same thing.

 

i think hipaa complaint letters are useless.