I think my DH just ruined our hippo following chances....

[anthrilliel]

So in June 2013 my husband had this procedure done and we were unable to pay it. When we got a,letter from a CA he wrote back offering 60% in return for a deletion. He didn't think much of it as it wasn't a lot of money (326$ total)

 

Today I got a letter from the CA saying that "the oc has advised us that a discount of 50% to the amount due, 326.00$ , will be provided. This settlements includes account #xxxxxx. This settlement is only available for the account referenced. Full payment of the discounted balance, 163.00$, can be submitted to xxxxx.

thank you for your inquiry, CA reports what is true and accurate as per the fcra. We will not be removing your account from your credit file, it will get reported as paid in full upon payment of the discounted balance of 163$"

 

Any advice on how to proceed? Should I try to contact the oc n see if they ll accept the 50%? Or s there nothing else we can do?

[Why Chat]

Follow the guides

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

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

 

Have you already paid the CA??

 

If not, pay the OC with the HIPAA letter insert "a" the amount requested by the CA.and use this phrase:

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

Enclosed please find my remittance of ($___) for payment in full of this account. This payment in full is for services as per your agreed upon discounted offer. 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, State Privacy Act rules and the Omnibus Final Rules. . Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies

 

It is POSSIBLE that this will work, if not come back to this post for further Hippopotomus instructions.

Edited November 22, 2014 by Why Chat

[JayB27]

OP,

 

HIPAA = Health Insurance Portability and Accountability Act.

 

Not Hippo.

 

Be sure to use the wording Why Chat included, spelled like he has it

[anthrilliel]

Woops autocorrect got to me sorry. Will read through everything again and send it out Monday. thank you

[anthrilliel]

Should I add anything in this line ?

 

INSERTS

Enclosed please find my remittance of one hundred and sixty three dollars ($163) for payment in full of this account.

Like per CA's latest communication?

[Why Chat]

I already posted the language you should use for insert "a" in my post # 2

 

Enclosed please find my remittance of $163 for payment in full of this account. This payment in full is for services as per your agreed upon discounted offer. 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, State Privacy Act rules and the Omnibus Final Rules. . Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies

Edited November 22, 2014 by Why Chat

[anthrilliel]

Ok thank you. I was not sure if I should mention the name too. I will send it exactly as that , this week. I appreciate it a lot. I will update as soon as I have news.

[Why Chat]

No, only give the CAs name where it is required in the body of the letter.

[anthrilliel]

Just updating... We are still waiting for the cashier's check to be deposited...

[Why Chat]

Just updating... We are still waiting for the cashier's check to be deposited...

It can take as long as 2 Months for these money orders to be deposited. The HIPAA letter program throws the OC's billing department a curve ball that they can not handle with their usual methods.

[anthrilliel]

Oh I see thank you for all the resources and help. We truly appreciate it

[anthrilliel]

So we just got this in the mail , and they are refusing to do it :/ Is our only option to pay the collection agency and have it in our account for next 7 years?

 

 

I write in response to your recent letter alleging that Fort Wayne Radiology (“FWR”) has failed to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and requesting that FWR “rescind all account information furnished to AmeriCoiiecf ’ and remove any reference of your account from your credit reports.

At Fort Wayne Radiology, we exert significant effort to meet and exceed the standards of the law and to protect your personal information. While the Privacy Rule implemented under HIPAA does provide protections for individually identifiable health information held by covered entities, it also permits the disclosure of information for certain purposes, including FWR’s payment activities. This includes disclosing protected health information to debt collection agencies retained by FWR and to consumer reporting agencies in order to recover payment for services rendered. You received services from FWR in June, 2013 and a balance remained due and owing on your account. As a result, information was disclosed to AmeriCollect and to consumer credit bureaus as permitted by HIPAA in order to recover payment for services you received. Any subsequent payment of your account does not retroactively make these disclosures impermissible.

Your letter seeks to impose certain restrictions upon FWR including prohibiting it from sharing information with AmeriCollect, requiring AmeriCollect to purge its records concerning your account, deleting any reference of your account with FWR from your credit reports and to restrict FWR’s use of the funds you remitted as payment on your account. Please be advised, FWR will not agree to your demands in return for payment. Accordingly, we are returning the enclosed cashier’s check submitted with your letter.

As stated in AmeriCollect’s letter of November 18, 2014, FWR will accept payment of $163.00 as payment in full for services rendered on June 11, 2013. However, because your account was placed with AmeriCollect and reported to the credit bureaus prior to payment, AmeriCollect will not purge its records and the account will not be removed from your credit file. Additionally, we will not agree to any other restrictions you seek to impose upon our communications with AmeriCollect. If you wish to pay your account without these additional restrictions, you may remit payment to FWR or AmeriCollect within the next two (2) weeks.

Please contact me if you have any questions. I can be reached at xxx-xxx-xxxx.

Chief Operating Officer/Privacy Official

[anthrilliel]

Any suggestions? :/

[anthrilliel]

I don't see what else we could possibly do other than pay and let it sit there paid :/ I am afraid that it will move into legal action if we do not ?

[Why Chat]

File a complaint with your State and the CFPB against the OC and the CA. The law says that a health care provider MUST accept a cash payment for health services.

 

Have you disputed this with the CRAs??

[anthrilliel]

I disputed this with the CRAs at the beginning and it came back verified.

 

I ll look into how to file a complaint with the state and CFPB. Should I let them know or just continue with the complaints?

[Why Chat]

I disputed this with the CRAs at the beginning and it came back verified.

 

I ll look into how to file a complaint with the state and CFPB. Should I let them know or just continue with the complaints?

Send them copies of your filed complaints

[anthrilliel]

Thank you so much , I will fill these out and send them out tonight .

[anthrilliel]

The OC just called, and they are claiming that they never offered us a discount and when DH told them that we want all correspondence by mail they said that they will wait our response by mail. Should I send them a copy of their latest letter stating "As stated in AmeriCollect’s letter of November 18, 2014, FWR will accept payment of $163.00 as payment in full for services rendered on June 11, 2013." hightlighted and another copy of the two complaints filed ? or should I include the part of HIPPA that states it is what they should do?

[anthrilliel]

This is what I have come up with.....

 

Dear Sir/Madam;

This letter is in reference to acct# for services provided to NAME on 06/11/2013.

In regard to your recent phone call, please be advised that I would like all communications be through the mail only.

Per your request find the letter we received from you stating that a discount was given and the reason of your denial

to accept payment was not the amount but rather our legal request that you rescind personal information shared with

the collection agency NAME. Also, find enclosed the letter from the collection agency NAME informing me on you behalf

of the discounted price that would satisfy the debt.

Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq) and Indiana'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 colection agency NAME. Please note that the these liabilities are under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(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 Indiana'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 Omnibus Final Rule effective 09/23/2013 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 Americollect, is not in compliance with HIPAA,or Indiana's Privacy Act, and any subsequent reporting of this account on my credit reports to TransUnion, Experian and Equifax 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. In addition the new Omnibus Final Rule states: when patients pay out of pocket in full, they can instruct their provider to refrain from sharing information. This letter serves as that instruction

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.

Your furnishing of my account information to collection agency NAME, is not in compliance with HIPAA,or Indiana's Privacy Act, and any subsequent reporting of this account on my credit reports to TransUnion, Experian and Equifax 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. In addition the new Omnibus Final Rule states: when patients pay out of pocket in full, they can instruct their provider to refrain from sharing information. This letter serves as that instruction.

[Why Chat]

I am confused??? DID YOU pay the OC with the HIPAA letter insert "a" the discounted amount or not?? Did you include a copy of the discounted offer with your payment??

 

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

[anthrilliel]

Yes I sent the offer, the program letter insert a, the cashier's check. They received it and they refused to accept it. They answered with the letter above saying they will only accept payment if they don have to remove the account from the collection agency.

 

I then filed the two complaints and they decided to call instead of answer through mail. I told them that we want all communication through mail and we will not answer anything over the phone.

 

Their response was that they returned the payment because they never offered a discount and they will wait for OUR answer in the mail. ..

[anthrilliel]

Any Ideas? Should I send that letter?

[Why Chat]

Any Ideas? Should I send that letter?

YES

[muntja]

sorry to highjack, i'm actually dealing with americollect too. blue shirt company - bottom line is my accounts went to collection because insurance wasn't paying. Insurance finally paid the medical provider their portion, leaving me with a 100 balance and a second 160 dollar balance - that i can deal with and pay;

 

i tried to work with americollect for a pay for delete but got a no go so I didn't pay;

 

i've read his letter above along with all of whychat's stuff that i can find, but i'm confused.

if i were to pay the original medical provider in full and request that they don't share information as it would then be paid and closed, doesn't the collection agency americollect already have all the information and then therefore has what it need to verify the collection - even if the collection amount is at that point? in the statements from the orgional creditor, it shows me a 0 balance as it shows what was transferred to americollect, so can they (the origional medical collector) refuse to take my payment saying that they already transferred it?