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HIPPA need some help no answer.

New Contributor

HIPPA need some help no answer.

Hello Fico Forums,

 

I sent this letter to the OC and received the green card back sent it cmrrr did I do this correctly.

 

October 28, 2008

 

Dear Sir/Madam;

This letter is in reference to account # XXXXXXXXXXXfor services provided to pymintz1 on July 28 2007.

In regard to the bill on this account in the amount of $321.92:

Enclosed please find a copy of the money orders totally 321.92 for payment in full of this account.

This payment in full is for services as per the attached fee schedule from the billing statement

Please note, my remittance is payable ONLY to XXXHospital and may not be signed over or transferred to any third party collection agency, as this would constitute an additional violation of HIPAA and State Privacy Act rules.

Copies of this correspondence and a copy of the remittance money order’s may be used for any further actions with State or Federal agencies.

 

Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq) and Texas Consumer Credit Statutes, you may be held liable for the actions of Ca & CA.

(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 Texas Medical Privacy Statutes are in effect in this situation even though the health care services you provided may have been prior to enactment .

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 CA & CA, is not in compliance with HIPAA,or Texas’s Privacy Act, and any subsequent reporting of this account on my credit reports to Equifax, Transunion and Experian 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 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.

Therefore I am requesting you promptly rescind all such account information furnished to CA & CA 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.

This simple procedure to request the deletion of ALL reference to this account from the records of CA. & CA and to require them to have this account information deleted in its entirety from my credit reports will resolve this problem completely.

Please respond, in writing within 10 days that you are processing this request.

I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request.

I hereby waive my rights under HIPAA and any State Privacy Act 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.

 

Sincerely,

 

 

 

pymintz1

 

 

FICO SCORES
TRANS 708 EQUIFAX 651 EXPERIAN 640 moving a inch at a time.
Message 1 of 5
4 REPLIES
Moderator Emeritus

Re: HIPPA need some help no answer.

yes, looks fine.
Message 2 of 5
New Contributor

Re: HIPPA need some help no answer.

Ok sent this letter to the OC here is the response they gave me:

 

In response to your recent correspondence regarding your accout(s) at Texas Health Resources suggesting that your privacy may have been violated, I can assure you in no way was your privacy compromised. Texas Health Resources adheres to all laws in regards to patient privacy and have strict policies in place to prevent violations from happening. Upon your admission you completed and signed an Admission Acknowledgment form confirming that you were provided with a copy of the Texas Health Resources Notice of Privacy Practices. Under the section titled "Uses and Disclosures of Health Information without Authorization" your are advised that using any Texas Health Resources facility allows certain uses and disclosures of your health information and are necesary and permitted by law in order to treat you, process payments for treatment and support the operations of the entity and other ancillary providers that may have been involved in your care. As you were advised by telephone October 28, 2008, we have requested that the account be closed and returned from CA and that any reporting to the credit bureaus be updated to reflect that account as paid in full.

Thank you again for giving us the opportunity to address your conderns and for choosing Texas Health Resources for your health care needs. Please let us know if we can be of further assistance. Feel free to contact Customer Service Representative at ############

Respectfully

Jane Doe

 

I want to proceed to the next step and that is to send to the CRA's correct???

D

FICO SCORES
TRANS 708 EQUIFAX 651 EXPERIAN 640 moving a inch at a time.
Message 3 of 5
Frequent Contributor

Re: HIPPA need some help no answer.


pymintz1 wrote:

Ok sent this letter to the OC here is the response they gave me:

 

...... As you were advised by telephone October 28, 2008, we have requested that the account be closed and returned from CA and that any reporting to the credit bureaus be updated to reflect that account as paid in full.


 

What does it mean to ask the account "be returned from CA"? Now that it's paid, they are pulling it back, so that the CA can't report anymore?

Message 4 of 5
Moderator Emeritus

Re: HIPPA need some help no answer.


pymintz1 wrote:

Ok sent this letter to the OC here is the response they gave me:

 

In response to your recent correspondence regarding your accout(s) at Texas Health Resources suggesting that your privacy may have been violated, I can assure you in no way was your privacy compromised. Texas Health Resources adheres to all laws in regards to patient privacy and have strict policies in place to prevent violations from happening. Upon your admission you completed and signed an Admission Acknowledgment form confirming that you were provided with a copy of the Texas Health Resources Notice of Privacy Practices. Under the section titled "Uses and Disclosures of Health Information without Authorization" your are advised that using any Texas Health Resources facility allows certain uses and disclosures of your health information and are necesary and permitted by law in order to treat you, process payments for treatment and support the operations of the entity and other ancillary providers that may have been involved in your care. As you were advised by telephone October 28, 2008, we have requested that the account be closed and returned from CA and that any reporting to the credit bureaus be updated to reflect that account as paid in full.

Thank you again for giving us the opportunity to address your conderns and for choosing Texas Health Resources for your health care needs. Please let us know if we can be of further assistance. Feel free to contact Customer Service Representative at ############

Respectfully

Jane Doe

 

I want to proceed to the next step and that is to send to the CRA's correct???

D


 

 

I assume the CA sent you a complete and accurate validation of the debt after you sent the CRAs the pre-HIPAA medical dispute letter?

Message 5 of 5