Starting over on Hippa question

[screwedbysears]

From previous post

 

I got validation from a medical CA. They got their info from the OC well they sent the billing statment of wife surgery I was requesting plus an item from one of my wife previous surgery's that was IIBK plus detailing what she had done also one of my minor daughter sugery from 97 If this is a HIPPA violation who should I contact. OC or the CA.

 

 

 

Also what are the chances of them calling the debt back and forgetting about? If I threaten to send a complaint, from what I understand there is no enforcement behind it so whats in it for them

[crashcourse]

On a HIPPA note, I went to get a simple eye exam yesterday and the DR. asked if I knew about HIPPA! I told him that I did, VERY WELL and he asked me to sign a simple sheet that said he notified me about it. I said, "That you mentioned HIPPA, is NOT notifying me about it!" I told him that he needed to post the HIPPA law, in view of me signing this document and that I need to read it before I sign it. He did not know about this, he asked his Office Manager, she apologized for the oversight and posted the large poster, right then and there, then she gave me a copy to read before I signed it.

I like to see a well informed DR's office! I explained that it makes it very hard for him to take me or anyone else to collections (I pay cash anyways). He said that he would and that he could. I explained, briefly, how sending medical records to CA's violates HIPPA and that he would be sued if he tried that with a knowledgable patient (ME!). He asked if there is a way he could "OPT OUT" of this. I laughed, hard and explained that he could opt out, if he only accepted cash or cc's upon completion of services. He said that he could not, because most people cannot afford to do that. Well, I told him, no luck. HIPPA is for the protection of patient's rights and it is not going to go away.

 

Too bad for him!

[screwedbysears]

I explained, briefly, how sending medical records to CA's violates HIPPA and that he would be sued if he tried that with a knowledgable patient (ME!).

So in regards to my post should I call up the OC and tell them that they need to call back that debt or I will sue them? From what I understand there is no enforcement behind HIPPA only that you can file a complaint with the OCR. True? And thats why I ask whats in it for them if they delete it?

[crashcourse]

Ya, I have heard the same. I would keep researching this online. I know that some members here have really spent alot of time with this. If you so a search for "HIPPA" or " HIPAA", you will get a ton of hits. You will have to read them to glean what applies to your situation. I know that it is ALOT of reading, but it seems to be the only way to really learn this stuff....

[Why Chat]

From previous post

 

I got validation from a medical CA. They got their info from the OC well they sent the billing statment of wife surgery I was requesting plus an item from one of my wife previous surgery's that was IIBK plus detailing what she had done also one of my minor daughter sugery from 97 If this is a HIPPA violation who should I contact. OC or the CA.

 

 

 

Also what are the chances of them calling the debt back and forgetting about? If I threaten to send a complaint, from what I understand there is no enforcement behind it so whats in it for them

 

Here is what I suggest.

 

1: Dispute it to the CRA as "not mine, no such account with this health care provider, for this amount on this date"

 

2: If it is verified by the CRA, send the HIPAA letter from my website "insert b",IF the HC provider was listed on your BK schedule, include a copy of the schedule showing the BK filing # and THAT entry, with ALL OTHERS masked.

 

3: When you have proof of delivery of the letter, and 10 days have passed, send the re-dispute letter to the CRA with the copy and follow-up letter to the OC.

 

In my OPINION, and based on the people who have posted here that this has worked for them, this will get you your deletion.

 

If you are interested in filing suit against someone for violations, there is little to nothing in any of my letters or suggestions on anything that will create an opportunity for a lawsuit. Although I DO stress possible violations and possible legal actions that MAY be taken, I use those "threats" as a legal notice of reserved rights to protect peoples interests in case they DO have to take legal action.

[screwedbysears]

Why chat thanks for answering my question one problem it hasn't been reported to the CRA yet I have till 6/23/04 @4pm to have the money to them or they will report it to the CRA I don't doubt it, these guys are jerks (CA) Should I contact the OC I wouldn't mind paying it I just don't want to pay them :twisted:

[LKH]

You haven't answered the question that Sassy has asked of you twice now. Were all of these included in BK? If yes, they can't report a collection to the cra's because there isn't a collection.........it was discharged!!!!

[Why Chat]

You haven't answered the question that Sassy has asked of you twice now. Were all of these included in BK? If yes, they can't report a collection to the cra's because there isn't a collection.........it was discharged!!!!

If it is NOT being reported, then delete the references to reporting in the HIPAA letter and send it as I suggested.

 

If it was NOT included in your BK, then PAY IT with insert "a".

[screwedbysears]

No only one was IIBK the other was from my daughter in 97 and the third one is the one they are collecting on this was in my orignal post.

 

Heres the kicker I have reread it again for the third time and the one they are collecting on shows a zero balance and the one that says we owe was IIBK according to their paperwork I think they screwed themselves. Now the question is do I fight from that angle or do I go back and pay them moral thing to do but then againthey did send paperwork they should have to the CA..

 

[Why Chat]

No only one was IIBK the other was from my daughter in 97 and the third one is the one they are collecting on this was in my orignal post.

 

Heres the kicker I have reread it again for the third time and the one they are collecting on shows a zero balance and the one that says we owe was IIBK according to their paperwork I think they screwed themselves. Now the question is do I fight from that angle or do I go back and pay them moral thing to do but then againthey did send paperwork they should have to the CA..

 

 

OK- Here is what I suggest.

 

Forget about what is being reported and what is being collected on.

 

YOU take control, YOU know what was paid/discharged/still owed.

 

Use the letter, list under insert "a" whichever account you KNOW you owe, PAY IT.

 

List under insert "b" whichever acconts you DO NOT owe because they were paid, misbilled or IIBK. Include a copy of the BK as suggested above.

 

If there is nothing being reported, delete all mention of existing reporting and edit it to show no future reporting is allowed.

 

If something IS being reported than leave in the reference to reporting.

[SassyinAz]

Screwed,

 

No only one was IIBK the other was from my daughter in 97 and the third one is the one they are collecting on this was in my orignal post.

You should link all your threads so your story can be followed.

 

Heres the kicker I have reread it again for the third time and the one they are collecting on shows a zero balance and the one that says we owe was IIBK according to their paperwork I think they screwed themselves. Now the question is do I fight from that angle or do I go back and pay them moral thing to do but then again they did send paperwork they should have to the CA..

They are allowed to share information (OC to CA) if there is a payment purpose, by your own admission, there's an outstanding payment -- unless of course, it SHOULD have or could have been IIBK and wasn't, is that the case? When was your BK filed and discharged?

 

You could file a Hipaa complaint, previously linked, for them having transmitted your daughter's information that is unrelated. There's nothing for you to sue the OC for, by my read, that's the purpose of the validation section, to address dunning the wrong person and/or dunning for the wrong dollar amount.

 

A validation letter would stop them from reporting or result in FDCPA violations if they did.

 

In one thread you said you requested validation and in another you said you didn't, they just sent it -- have you ironed that out yet? did you send a validation letter already?

 

Did they send you the minimum information required by AZ?

 

I don't know why you are unwilling to advise them that they are attempting to collect an account that was IIBK (what the validation provided shows is due), wasn't that the reason you filed, for the protection?

 

Sassy

[screwedbysears]

Thanks whychat you been a big help This is so confusing.I will do that and then take it from there. One thing since I am not to contact the CA what happens if it gets reported since the clock is ticking.

Sorry to be a worry wart.

Again thank you Im sure this has helped other people also

[Why Chat]

Thanks whychat you been a big help This is so confusing.I will do that and then take it from there. One thing since I am not to contact the CA what happens if it gets reported since the clock is ticking.

Sorry to be a worry wart.  

Again thank you Im sure this has helped other people also

Send a copy of the HIPAA letter to the CA, no cover letter, nothing except their name and address on the envelope, send it crrr same as to the OC.

[screwedbysears]

The exact same one as I send to the OC like CC it to them?

[Why Chat]

The exact same one as I send to the OC like CC it to them?

Yes.that way they have no direct communication from you.

[screwedbysears]

Why chat I did as you said Mailed Hippa letter and check monday, they got it tueday they deposited it wednesday Now just waithing for letter from them Im about to check PG. CA said they were reporting to the CRA if they didn't get payment by the 25th, Kinda hope they report so I can nail them! But I don't need the headache either.

Thanks for your help

[SassyinAz]

Screwed,

 

I know you don't want to hear, nor do you want to do any research to confirm, however, even if they do report you've nothing to "nail" them for!!!

 

Sassy

[screwedbysears]

If they report and it is payed in full before they report it is that not reporting inaccurate information?

Remember I payed the OC not them the CA ? where am I wrong?

[Why Chat]

If they report and it is payed in full before they report it is that not reporting  inaccurate information?

Remember I payed the OC not them the CA ? where am I wrong?

 

In my opinion, since you sent the CA a copy CRRR of your letter to the OC, which referenced payment.if the CA went ahead AFTER BEING NOTIFIED and reported a collection that was paid, you would have an adequate paper trail to file suit against the CA for FCRA violations.

[screwedbysears]

Thats is exactly what I did "CC" the CA, sent only the letter that I sent OC just checked PG nothing on there I think Im ok. I also will get them on calling cell phone after telling them not to I have the phone records to prove that. Thanks again why chat. and sassy for your input, your always a help even if I don't like your answers sometimes

[SassyinAz]

You didn't dispute it with the CA, they are allowed to assume it is valid unless you do so under the FDCPA.

 

The FCRA, applicable to furnishers, is only after you dispute with them -- you didn't dispute with the furnisher.

 

The section cited in WhyChat's letter 623(a) can't be enforced by a consumer only 623( can (failing to conduct an adequate investigation and continuing to report inaccurate information) and only AFTER there is a dispute initiated through the CRA's.

 

Sassy

[screwedbysears]

Sassy how could I dispute with CA 1. they already sent (what they believe was validation) before I asked for it 2. My 30 days was almost up and I feel it would been alot hard to get it off then trying to prevent them from putting it on. 3. They OC cashed the check so even if the CA reported it, it would be inaccurate because 1. the debt is not owed to them "CA" anymore since the OC accepted my check and deposited it into their account only (I have copies of the check front and back was not endorsed to CA) So what would they be able to report? I don't owe anything so they can't report it as a debt.

[SassyinAz]

Sassy how could I dispute with CA

 

1. they already sent (what they believe was validation) before I asked for it

They have to cease collection from the time YOU dispute the debt's validity until it is mailed to you -- no matter if they already provided whatever they think or don't think it is. The purpose of the section is to address dunning the wrong person and/or the dunning for the wrong dollar amount that's why it doesn't matter that they sent it without you asking in writing. Asking in writing triggers their requirements.

 

2. My 30 days was almost up and I feel it would been alot hard to get it off then trying to prevent them from putting it on.

They have to cease collection, they could NOT have reported it without validation having been mailed to you.

 

3. They OC cashed the check so even if the CA reported it, it would be inaccurate because

The OC isn't the furnisher, it is only a violation under the FCRA if AFTER you initiate a dispute THROUGH the CRA the information IS inaccurate and is not either updated or deleted (not verifiable) by the furnisher of information.

 

1. the debt is not owed to them "CA" anymore since the OC accepted my check and deposited it into their account only (I have copies of the check front and back was not endorsed to CA) So what would they be able to report? I don't owe anything so they can't report it as a debt.

They are allowed to assume it is accurate (because you didn't dispute its validity) and report accurate information, a paid collection, in your case would be accurate reporting, would it not?

 

Sassy

[SassyinAz]

If they report and it is payed in full before they report it is that not reporting inaccurate information?

Remember I payed the OC not them the CA ? where am I wrong?

 

In my opinion, since you sent the CA a copy CRRR of your letter to the OC, which referenced payment.if the CA went ahead AFTER BEING NOTIFIED and reported a collection that was paid, you would have an adequate paper trail to file suit against the CA for FCRA violations.

There wouldn't be an FCRA violation, there would though be a Hipaa violation for the continued sharing of information once the payment purpose has been extinguished.

 

Assuming of course, the OCR agrees instead of continuing to interpret it as an extension of the payment purpose to report positive payment history.

 

Reporting a collection as paid, isn't inaccurate.

 

Sassy

[screwedbysears]

But unless it states that it was paid to the OC it would be inaccurate other wise it gives the impression that it was paid to the CA which it wasn't , But I really think right now it is a mute point because I feel the OC has taken care of it due to the fact that I do have them on HIPPA violation and they don't want any trouble.

thanks for everyones input

SBS