04-07-2013 09:05 PM
04-07-2013 09:45 PM
Just as an FYI, the HIPAA process (easily googleable) seemed to be quite popular several years ago but recent reports seem to support that the process no longer works. No one has reported success with this for some years now.
I will tell you I have tried, and it did not work at all for me. YMMV.
04-07-2013 09:46 PM
In a nutshell, the HIPAA process is supposedly to get medical collections that have been paid to the OC deleted from your CR.
Some have had luck, others not.
There is nothing in the HIPAA laws that say a medical collection cannot be on your CR. However, there are laws as to what information can be included in those collection tradelines. That would be the only violation and/or reason for removal.
I PM'd you.
04-07-2013 10:05 PM
04-07-2013 10:47 PM
04-08-2013 01:05 AM
In a nutshell, the HIPAA statute only permits parties to retain medically related information to the minimum extent necessary to carry out a legitimate business need.
A specific permissible purpose to retain information necessary to collect on medical debt is provided in the HIPAA statute.
The theory behind the so-called HIPAA process is that once a debt has been paid to the medical provider, that permissible purpose is gone.
The leap is that when the "collection on the debt" permissible purpose no longer applies, all information formerly authorized to be retained for that purpose, including reporting to a credit reporting agency, must be deleted as unauthorized information.
No such statement or provision is set forth in the Act. It is an interpretation of statute that has no binding case law in its support.
04-08-2013 08:44 AM
The OC can share any and all of your information to the CA. However, the CA is extremely limited to who they can share it with. As the consumer, they have the right to share all of it with you.
04-08-2013 08:49 AM
This process didn't work for me either.
I sent 4 out to 4 different places and each came back with HIPAA statements themselves that they were not in violation.
Basically in a nutshell I think places have wisened up to this policy and have educated themselves better on the HIPAA law.
04-08-2013 08:53 AM
I agree. IMHO, I believe the whole process was born out of a misunderstanding of how HIPAA actually works and was used as a scare tactic.
HIPAA laws are regularly briefed in medical industries nowadays.
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