Do CRAs know the Hippa Law or Don't Care?

[MichiganMommy]

I am not clear if TU and EQ have not (EX has) deleted paid medical collections (instead of verifying that they are paid) because of defiance or ignorance.....

Do they NOT know Hippa law, don't care or is the responsibility on the CA to ensure that the collection is deleted.

Any thoughts????

MM--

[upinflagstaff]

I believe that it is the OC - medical provider - that HIPAA applies to. The CA really doesn't care nor does the CRA. HIPAA says how and under what conditions the OC may share your PHI.

[Anonymous]

THE MEDICAL PROVIDER EVIDENTLY DOESN'T CARE EITHER. I JUST PAID A BILL DIRECTLY TO THE OC, GOT AN ALERT TODAY FROM MYFICO THAT IT'S BEEN PAID, IF THEY KNOW THE HIPPA LAWS WHY NOT JUST DELETE IT? SHOULD I STILL SEND THE OC THE HIPPA LETTER OR DV WITH THE CRA? BEING THAT IT'S ALREADY UPDATED AS PAID WON'T THEY JUST VALIDATE THAT IT WAS PAID AND NOT DELETE IT. SOOOOOOOOOO CONFUSED

[upinflagstaff]

Did you pay the OC with the HIPAA letter? The HIPAA process outlined here is very specific and needs to be followed in order. You should probably post everything that you have done to date so that the experts can check your steps and advise on the next step.

[MichiganMommy]

I have been SOOOOOOO confused myself too! So much so, I decided (as I am sure will be against many Hippa expert advice) tol call TU directly today. I spoke with a TU rep and explained that I had 6 paid medical collections that I did not understand once the CA sent a letter that it had been paid to the CRA, why TU chose to update as "paid" and Experian chose to delete! I mentioned Hippa, which she seemed to know something a little about....

I explained to them that months ago, I sent them a request to delete (this was before I knew about Hippa) because the CA had written a letter requesting deletion.

The TU rep told me something that I had never been told today. They said that the letter was dated  before the dispute and therefore they could not accept it....WTH?????? I have know idea what she was talking about, it sounded like a bunch of whooie to me. Since I recently (Oct. 6 sent the pre-hippa letter--which they obviously consider a dispute) if I can get another letter from the CA and fax to them (she gave me a TU fax number) they will have 5 business days to delete.

I got my poototie right on the phone, called the CA and explained the whole sorted mess. THe CA said they would fax me a letter by the end of the day tomorrow.

Don't know how this will shake out, and I am NOT discouraging anyone from following the hippa process to a "T", but this is what I have done and I will (hopefully) happily post an update in a week or so....

MM--

[Anonymous]

I would add this to the HIPAA dispute letters. I would put it above the Per-HIPAA and all HIPAA disputes.

You want all HIPAA disputes to be done manually!!!  This is why we say to use italic writing and blue green paper.  I do not know if everything being in hand writing will work. I am only guessing that it can not be scanned.

FCRA & HIPAA STATUES

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA")

In addition, the new FACTA regulations require the CRA's to do a REAL investigations and contact the Original Creditor for requested information in a CONSUMER DISPUTE.

[MichiganMommy]

They are GONE!!!!!!!! All 6 of them. Got a 22pt increase in my TU score today! Don't know if it is because of the pre-hippa letter sent OR the phone call I made directly TU....I guess I really don't care at this point. The important thing is....THEY'RE gone!!!

Good luck to everyone else. Due to a bad divorce I started out with over 40 medical collections. I am now down to the last 3. After that, I will have NO deragos on my TU report.

I am soooooooooooooooooooooo happy today!

Thanks again everyone!!!

MM--

[rbrown973]

when using the HIPPA Law Process, do all medical bill have to paid first???? Please guide as I try to clean my credit... Thanks

[Anonymous]

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@rbrown973 wrote:

when using the HIPPA Law Process, do all medical bill have to paid first???? Please guide as I try to clean my credit... Thanks

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