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Collection Agency will delete account after 90 days...?

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Anonymous
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Collection Agency will delete account after 90 days...?

We are trying to buy a house next year so I'm aggressively trying to clean up my credit.  Unfortunately, I have three collections on my report.  Two are with the same CA.  I reached out to them and was able to negotiate a PFD and I have a letter confiming that.  So thrilled!

I reached out to the other CA who said once I pay the account they will delete it from my credit report after 90 days.  They will report it as paid to the credit bureaus during that 90 day period. They said they were unable to provide me with a letter until after I've made the payment.  Does this sound right?  I've searched online and have been unable to find any similar situations concerning the 90 days.

If I want to be approved for a loan I will need to pay this regardless, correct?  It's a $300 medical collection.

 

Thank you!

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?


@Anonymous wrote:

We are trying to buy a house next year so I'm aggressively trying to clean up my credit.  Unfortunately, I have three collections on my report.  Two are with the same CA.  I reached out to them and was able to negotiate a PFD and I have a letter confiming that.  So thrilled!

I reached out to the other CA who said once I pay the account they will delete it from my credit report after 90 days.  They will report it as paid to the credit bureaus during that 90 day period. They said they were unable to provide me with a letter until after I've made the payment.  Does this sound right?  I've searched online and have been unable to find any similar situations concerning the 90 days.

If I want to be approved for a loan I will need to pay this regardless, correct?  It's a $300 medical collection.

 

Thank you!


Thats not uncommon for medical collectors. They will not put it in writing because of CRA reporting agreements that are opposed to PFD's.

Message 2 of 8
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?

Thank you!

Message 3 of 8
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?


@Anonymous wrote:

We are trying to buy a house next year so I'm aggressively trying to clean up my credit.  Unfortunately, I have three collections on my report.  Two are with the same CA.  I reached out to them and was able to negotiate a PFD and I have a letter confiming that.  So thrilled!

I reached out to the other CA who said once I pay the account they will delete it from my credit report after 90 days.  They will report it as paid to the credit bureaus during that 90 day period. They said they were unable to provide me with a letter until after I've made the payment.  Does this sound right?  I've searched online and have been unable to find any similar situations concerning the 90 days.

If I want to be approved for a loan I will need to pay this regardless, correct?  It's a $300 medical collection.

 

Thank you!


They aren't allowed to have the medical information after the account is settled. 90 days is likely how long it takes them and some sort of grace period HIPAA allows to purge the information from their systems.

Message 4 of 8
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?

Interesting...thank you for the information.

Message 5 of 8
RobertEG
Legendary Contributor

Re: Collection Agency will delete account after 90 days...?

The HIPAA statute does not require purging of medical information that was retained for purposes of collection on a debt.

The statute does not go into that detail, or even make such a purge requirment.

 

The "purge requirement" is only an interpretation of HIPAA that serves as the basis for the so-called HIPAA process.

Yes, a debt collector might choose to delete, notwitstainding their credit reporting agreement not to do so, but I would not assert that it is based on any HIPAA reqirement other than an interpretation that has not been affirmed in the case law.

Message 6 of 8
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?


@RobertEG wrote:

The HIPAA statute does not require purging of medical information that was retained for purposes of collection on a debt.

The statute does not go into that detail, or even make such a purge requirment.

 

The "purge requirement" is only an interpretation of HIPAA that serves as the basis for the so-called HIPAA process.

Yes, a debt collector might choose to delete, notwitstainding their credit reporting agreement not to do so, but I would not assert that it is based on any HIPAA reqirement other than an interpretation that has not been affirmed in the case law.


Listen, I spoke with HHS, I wouldn't be sharing this information if it weren't true. There is no permissable purpose to allow third party "business associates" to retain and share medical information for the purpose of determining your credit worthiness. 

 

The only permissable purpose covered under these circumstances, on having access to and sharing medical information regarding a patient is for the purpose of "collecting payment for a medical provider". Once that purpose is no longer applicable, they are no longer covered and are not legally allowed to have the information, unless the patient specifically allows them access in writing, via the original source of the medical data (hospital, doctor, etc). 

 

Message 7 of 8
Anonymous
Not applicable

Re: Collection Agency will delete account after 90 days...?


@Anonymous wrote:

@RobertEG wrote:

The HIPAA statute does not require purging of medical information that was retained for purposes of collection on a debt.

The statute does not go into that detail, or even make such a purge requirment.

 

The "purge requirement" is only an interpretation of HIPAA that serves as the basis for the so-called HIPAA process.

Yes, a debt collector might choose to delete, notwitstainding their credit reporting agreement not to do so, but I would not assert that it is based on any HIPAA reqirement other than an interpretation that has not been affirmed in the case law.


Listen, I spoke with HHS, I wouldn't be sharing this information if it weren't true. There is no permissable purpose to allow third party "business associates" to retain and share medical information for the purpose of determining your credit worthiness. 

 

The only permissable purpose covered under these circumstances, on having access to and sharing medical information regarding a patient is for the purpose of "collecting payment for a medical provider". Once that purpose is no longer applicable, they are no longer covered and are not legally allowed to have the information, unless the patient specifically allows them access in writing, via the original source of the medical data (hospital, doctor, etc). 

 


This would also be in agreement with the "Medical Debt Task Force" report. It does say in there that the "best practices" when the debt is paid is removal from your reports.

Message 8 of 8
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