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Posted

My husband just had a ca put a medical bill on his Credit Report and I want to see what the best way to deal with it is. We did not recieve anything in writing for this 'debt'.

It's a bill for an office visit for his son (then a minor) in 2011. Normally, my husband carries insurance on his son, but at that time, he was unemployed and did not have insurance. His ex wife added their son to her insurance while he was unemployed. She took him to the doctors under her insurance at that time.

 

In March 2012, we recieved a collection notice for this visit. I called the Original Provider and was told there was a 'problem with the insurance' (ex wifes) and she would need to call and straighten it out. I also told them (Cleveland Clinic) that we never recieved and bills from them regarding this visit and had only recieved the Collection Notice. She said not to worry, the CA they use does not report to CRAS and to have the x call and deal with the insurance issues. Never received another letter , bill, anything from a ca or Cleveland Clinic.

 

Well, ex wife never called to straighten this out and it's now appearing on husband's credit. I called again to Cleveland Clinic and was told that my husband is a 'gaurentor' on the account and is responsible for the bills (which we never recieved). They went to the ex's house and she never forwarded to us. They refuse to take payment and I DO NOT want to have to deal with CA.

 

Can the Cleveland Clinic automatically assume my husband is a guarentor for the account? He has never signed anything or even taken his son to a doctors apointment. I have to assume the dr's office got all of their info from ex wife.

Also, if the bill is for services that were billed under ex wife's insurance, why are they billing husband for the balance? Wouldn't that be her responsibility? He did not agree to pay anything that her insurance company may not cover.

 

Should I just do the standard HIPAA disupte on this? Of course, we are closing on a house in less than 30 days - so time may not be on my side for this one.

I know the mortgage company will want it paid - and if it's owed, we will pay to Cleveland Clinic before I give this CA a dime.

 

Thanks WHYCHAT!


Posted

My husband just had a ca put a medical bill on his Credit Report and I want to see what the best way to deal with it is. We did not recieve anything in writing for this 'debt'.

It's a bill for an office visit for his son (then a minor) in 2011. Normally, my husband carries insurance on his son, but at that time, he was unemployed and did not have insurance. His ex wife added their son to her insurance while he was unemployed. She took him to the doctors under her insurance at that time.

 

In March 2012, we recieved a collection notice for this visit. I called the Original Provider and was told there was a 'problem with the insurance' (ex wifes) and she would need to call and straighten it out. I also told them (Cleveland Clinic) that we never recieved and bills from them regarding this visit and had only recieved the Collection Notice. She said not to worry, the CA they use does not report to CRAS and to have the x call and deal with the insurance issues. Never received another letter , bill, anything from a ca or Cleveland Clinic.

 

Well, ex wife never called to straighten this out and it's now appearing on husband's credit. I called again to Cleveland Clinic and was told that my husband is a 'gaurentor' on the account and is responsible for the bills (which we never recieved). They went to the ex's house and she never forwarded to us. They refuse to take payment and I DO NOT want to have to deal with CA.

 

Can the Cleveland Clinic automatically assume my husband is a guarentor for the account? He has never signed anything or even taken his son to a doctors apointment. I have to assume the dr's office got all of their info from ex wife.

Also, if the bill is for services that were billed under ex wife's insurance, why are they billing husband for the balance? Wouldn't that be her responsibility? He did not agree to pay anything that her insurance company may not cover.

 

Should I just do the standard HIPAA disupte on this? Of course, we are closing on a house in less than 30 days - so time may not be on my side for this one.

I know the mortgage company will want it paid - and if it's owed, we will pay to Cleveland Clinic before I give this CA a dime.

 

Thanks WHYCHAT!

The reason your reports got dinged is because you didn't opt out before starting the application process for your mortgage.

 

Do it NOW!( for both of you)

http://www.whychat.5u.com/OPTOUTINST.HTML

 

Send the initial dispute letter to each CRA where the account is appearing,

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

make sure you are using REAL credit reports:

Get your credit reports directly from each Credit Reporting Agency, you need reports with an individual ID#

To order, visit annualcreditreport.com, or call 1-877-322-8228

 

It is VERY unlikely that this is a legitimate bill, these scam scum CAs love to ding credit reports when they get notice of pending mortgage applications.

Posted

I did opt us out - using the link on the website back in July. I just did it again in case it 'didn't take.

 

 

Ok, will follow the process. So far, it's only showing on TU, so I will fire that letter off tomorrow morning and update any progress.

Thanks!

Posted

Whychat - just an update. I finally got my husband to call and deal with Cleveland Clinic directly (after I mailed the Medical Dipsute Letter to CRA). This is their 'story'

They mailed us bills, they had the wrong address. Their address included an apt # and we do not live in an apt. I know his ex did at one point, so I think when they filled in our address over hers, they forgot to delete the apt#.

They stated that everything they mailed us got returned. The guy my husband spoke to said the account should have NOT gone to collections, as they were unsucessful at contacting him, but there was a 'glitch' in there system in early NOV causing those debts to be transmitted to the CA in error.

They told my husnand to call a place called CAPIO and pay it - it will be pulled back.

 

I did some looking on line - looks like CAPIO is a CA. I told my husband to call back today and see if the Cleveland Clinic will just take our payment and pull it back. He called late in the day and the supervisor was already gone for the day,a ccording to the guy he talked to. I DO NOT want to pay a CA in fear it will just report paid and never get pulled back.

 

We do owe the bill - the original bill was $800 and the $335 is the leftover from insurance.

 

So, hopefully the Cleveland Clinic will let us pay (with money order, made out for Deposit Only to Cleve Clinic) and give us a letter stating they are pulling the account.

 

Is there anything I am missing? We need to resolve this ASAP so it doesn't affect our mortgage closing......

Posted (edited)

Whychat - just an update. I finally got my husband to call and deal with Cleveland Clinic directly (after I mailed the Medical Dipsute Letter to CRA). This is their 'story'

They mailed us bills, they had the wrong address. Their address included an apt # and we do not live in an apt. I know his ex did at one point, so I think when they filled in our address over hers, they forgot to delete the apt#.

They stated that everything they mailed us got returned. The guy my husband spoke to said the account should have NOT gone to collections, as they were unsucessful at contacting him, but there was a 'glitch' in there system in early NOV causing those debts to be transmitted to the CA in error.

They told my husnand to call a place called CAPIO and pay it - it will be pulled back.

 

I did some looking on line - looks like CAPIO is a CA. I told my husband to call back today and see if the Cleveland Clinic will just take our payment and pull it back. He called late in the day and the supervisor was already gone for the day,a ccording to the guy he talked to. I DO NOT want to pay a CA in fear it will just report paid and never get pulled back.

 

We do owe the bill - the original bill was $800 and the $335 is the leftover from insurance.

 

So, hopefully the Cleveland Clinic will let us pay (with money order, made out for Deposit Only to Cleve Clinic) and give us a letter stating they are pulling the account.

 

Is there anything I am missing? We need to resolve this ASAP so it doesn't affect our mortgage closing......

If you pay the CA as per the Clinic's instructions your credit report will show it as a "paid" collection, which is just as bad, and sometimes WORSE than an unpaid one, it is still a derogatory, but more recent so it will lower your score. It will also be very difficult to delete.

 

Pay the Cleveland Clinic with a money order ( which is considered the same as cash, and they are required to accept it) and this amended version of the HIPAA letter. Follow all the instructions about the endorsement.

 

(Your Name)

(address)

(City,State, zip)

s.s.# (social security #)

HIPAA Compliance Office

( health care provider creditor)

(address)

(date)

Dear Sir/Madam;

This letter is in reference to (account #) for services provided to (name of patient) on (date of service).

 

In regard to the bill on this account in the amount of ($___) that was sent to the wrong address.

Enclosed please find my remittance of ($___) for payment in full of this account.

Your billing error caused this problem, and you are required to facilitate the correction.

Please note, my remittance is payable ONLY to (hc provider) and may not be signed over or transferred to any third party collection agency, as this would constitute an additional violation of HIPAA and State Privacy Act rules .

 

Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies

 

Please be advised that under Federal Statutes. the Fair Credit Reporting Act,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES; you may be held liable for the actions of (collection agency name). Please note that the these liabilities are under the penalty rules of the HITECH Act as issued 11/30/2009. .

 

Your furnishing of my account information to (collection agency name),due to your billing error, was not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) is a clear violation of Public Law 104-191 ("HIPAA") as there is no longer permissible business purpose in divulging protected health information to anyone on an account incorrectly billed and without any payment due.

 

Therefore I am requesting you promptly rescind all such account information furnished to (collection agency) and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports. This includes any change to the account showing it as a "paid" collection, as this would increase the damage to my credit and will be considered as actionable.

 

This simple procedure to request the deletion of ALL reference to this account from the records of ( collection agency name) and to require them to have this account information deleted in its entirety from my credit reports will resolve this problem completely.

 

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

 

I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request and to file for damages caused by your improper billing, and any prior or subsequent actions by your agent ( name of CA).

 

I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E &O insurance carrier.

 

Sincerely,

 

signature

(Your Name)

Make sure you make copies of the money order, front and back and once you have proof of the deposit of the money order, use that and a copy of the front of the money order for your mortgage closing.

Edited by Why Chat
Posted

Thanks Whychat.

 

Another update - I called again today myself and talked to a Supervisor at Cleve Clinic. They are telling me that all of the CAs they use will not report the Cleveland Clinic's medical accounts to the credit bureas - it's in their contract with the CAs. They also told me that this CAPIO company reported the Cleve Clinic accounts in error on November 1st and have since recalled them back. I just checked my husbands TU report through a monitoring service (which is where I found the account on 11/1) and it's gone.

 

I am still going to pay the Cleveland Clinic directly though with your letter and money order just in case...I don't trust these CAs.

 

Thanks Again for your help!

  • 2 weeks later...
Posted

Whychat, I have a quick question. After sorting this all out with Cleveland Clinic (them updating our address, etc), we did recieve a collection notice from Mitchell Blumn attorneys for this bill. Cleveland Clinic did advise they use this agency, however they will not report to the CRAs due to their 'contract' with the Cleveland Clinic.

 

I want to pay the Cleveland Clinic, do I have to go through the whole HIPAA process? The collection is not on my husbands credit report, so there's nothing to dispute with the CRAs. Can I simply pay the Cleve Clinic with the HIPAA letter/money order?

Posted

Whychat, I have a quick question. After sorting this all out with Cleveland Clinic (them updating our address, etc), we did recieve a collection notice from Mitchell Blumn attorneys for this bill. Cleveland Clinic did advise they use this agency, however they will not report to the CRAs due to their 'contract' with the Cleveland Clinic.

 

I want to pay the Cleveland Clinic, do I have to go through the whole HIPAA process? The collection is not on my husbands credit report, so there's nothing to dispute with the CRAs. Can I simply pay the Cleve Clinic with the HIPAA letter/money order?

Yes

 

Make sure you keep copies of EVERYTHING

  • 5 months later...
Posted

Hi CreditCrusader,

 

Can you please tell me whether cleveland clinic accepted your money order based on this letter or not? I am thinking to send the same letter as I am stuck in the similar kind of situation with cleveland clinic.

 

Thanks!

 

Thank you why chat for providing such a nice information.

Posted

Hi CreditCrusader,

 

Can you please tell me whether cleveland clinic accepted your money order based on this letter or not? I am thinking to send the same letter as I am stuck in the similar kind of situation with cleveland clinic.

 

Thanks!

 

Thank you why chat for providing such a nice information.

Please start your own thread. You may THINK you are in a similar situation, but you certainly do not start in the middle of the HIPAA letter program without following all the basic initial steps:

http://www.whychat.5u.com/GUIDEBOOK.html

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

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