I re-read your WHOLE thread from the beginning.
As I understand it, you have opted out, didn't need to delete old addresses and sent the initial dispute letters to all 3 CRAs and only TU deleted.
Ex and Eq verified and you sent the reporting CA the medical DV?? I am a little unclear on this as somewhere along the line I think you sent the medical DV to the OC and not the REPORTING CA.
In any case, you have received letters from Eq and Ex that the accounts remain.
If they are all from the same OC ( original creditor health care provider) then you need to send the OC the HIPAA letter insert "b"( properly typed and sent CMRR)
s.s.# (social security #)
HIPAA Compliance Office
( health care provider creditor)
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 ($___): Total of bills if all from same OC
This account is a billing error.
It has been paid,( proof of payment attached) You DID get the EOMBs ( explanation of medical benefits from your insurance??
It was not properly transmitted in a timely manner to my insurance company.( Documentation from insurance attached)
It is not a valid bill and has been properly disputed, therefore I request complete deletion from all your agent (name of CA)'s records and archives.
Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and (name of your State)'s Consumer Credit Statutes,and subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and SEC. 13407(1) BREACH OF SECURITY.—The term ''breach of security'' means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. 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. .
(a) Duty of furnishers of information to provide accurate information.
(A) Reporting information with actual knowledge of errors.
A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
In addition, the HIPAA and (name of your State)'s Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions ,the penalty rules of the HITECH Act as issued 11/30/2009 and the FACT Act final rules effective July 1, 2010.are in effect in this situation.
The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual or otherwise allowed under the Privacy Rules.
In general, PHI encompasses substantially all "individually identifiable health information" that is transmitted or maintained in any medium. "Individually identifiable health information" includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individual's physical or mental health or condition, including information related to an individual's care or the PAYMENT for such care.
Your furnishing of my account information to (collection agency name), is 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") since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due.
You are required under the FCRA and FACTA to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and State privacy regulations from doing so on a PAID account, as there is no longer any permitted business purpose.
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 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.
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.
First let me say THANK YOU.....
I greatly appreciate your patience and any time spent on my "case".
You truly are the kindest person I have ever met to help all of these people in need.
You should be named CNN's Hero of the Year!
In response to your reply...
I followed your steps correctly.
I sent the medical DV
to the reporting CA
that was stated on my Credit Report as per your instructions.
The name of that CA
on my report is Square Two Financial HealthCare Funding Solutions.
NEXT TO THAT on my report it says ORIGINAL CREDITOR (and states my hospital name).
So I sent my medical DV
to SQUARE TWO FINANCIAL because that is who my credit report says is the CA
When I received letters back from Square Two Financial they were stating they were NOT the CA
and wrote this.....
"We are a purchaser of charged off receivables. We do not engage in any direct collection activity. Accounts are placed for collection with third party law firms and collection agencies."
They sent me my EOMB
and a copy of the collections account on my Credit Report.
Apparently the the CA
they use is AFSTRA but that is NOT stated on my Credit Report.
This is why I did not know whether to RE-SEND my medical DV
to AFSTRA, (apparently the CA
), since Square Two Financial said we are not the CA
Also, on each one of my 3 EOMB
"amount due from patient $0.00"
I do not owe them anything according to the EOMB
Do you think there is some way my health insurance company at the time did not pay for everything and I missed the bills somehow and this is why now they are stuck on my CR
Other than that I will follow your instructions to send that letter to the OC
I will post my reply when I receive information from them.
Thank you many many times over Why Chat.