This letter is to inform you that after receiving a response from I C System in which they failed In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law to correctly validate the debt, in the spirit of compromise, I am willing to pay this account for the original amount of $130 if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of one hundred and thirty dollars ($130) will be sent to your office in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq) and Maryland Consumer Debt Collection Act, you may be held liable for the actions of I C Systems.
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 I C Systems, is not in compliance with HIPAA or MCMRA Subsequent reporting of this account on my credit reports to any credit reporting bureau 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 to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and MCMRA 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 I C System 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 upon your receipt of payment.
This simple procedure to request the deletion of ALL reference to this account from the records of I C System and to require them to have this account information deleted in its entirety from my credit reports will resolve this problem completely.
I hereby waive my rights under HIPAA and MCMRA 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.
Please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of company. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of the State of Maryland.
Your response must be postmarked no later than 10 days from your receipt of this settlement offer or this offer will be withdrawn and I will then take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request.
Please address all correspondence regarding this account to me at the above address.
Sincerely yours,
TYPED NAME
