HIPPA still apply?

[Caldric]

Does anyone know if HIPPA would still apply if the OC tells me to contact the CA that they can't help me. I tried to explain that I thought the account was taken care of so not sure if HIPPA could still apply if they sold off the account?

Any ideas if HIPPA may still apply on privacy issue? I have not contacted the CA yet.

Thanks

[Anonymous]

Yes, HIPAA would still apply regardless of the parties collecting the account.  I requested a debt validation on a medical account (hospital bill) with CA and the OC sent all of my medical records to the OC, which is against HIPAA law.  I then in returned sent a letter to OC stating they violated my privacy and to remove the account with the CA within a certain amount of day, so that I can work directly with OC and the account would be removed from my credit report.  It worked and I was able to pay the account off in full with no reporting of the debt to the CRAs.

[Caldric]

That would be nice, right now the OC will not allow me to pay it with them, although I didnt push too hard was mainly wanting the account number since it was emergency room visit I must have missed it.

[Anonymous]

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@Caldric wrote:

Does anyone know if HIPPA would still apply if the OC tells me to contact the CA that they can't help me. I tried to explain that I thought the account was taken care of so not sure if HIPPA could still apply if they sold off the account?

Any ideas if HIPPA may still apply on privacy issue? I have not contacted the CA yet.

Thanks

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I assume this is regarding unpaid (or paid in dispute) medical bills... if so, you have to look at the HIPAA Privacy Rule.

Under the Privacy Rule, "collection activities" (debt collection) are recognized as a form of payment activity and therefore are permitted. When a hospital enters a contractual agreement with a CA, the CA then becomes a "business associate" of the hospital. Subsequently, the CA can pursue debt collection as an agent for the hospital. The hospital is permitted to disclose personal health information (PHI) to the CA, but only a reasonable amount, the minimum necessary, to perform collections activities in the appropriate legal fashion.

If you dispute the debt with the CA, asking for documentation to prove the debt, you have basically given them an open door to access a substantial amount of your PHI. You asked for the documentation - in order to legally respond to your dispute, the CA has to provide you with the documentation, which then means the documentation is now necessary to perform collection activities. I'd recommend you never dispute the debt requesting documentation through the CA for this reason. You can dispute the debt with the CA, but clearly state that the information must come directly from the hospital. This is kind of a work-around that prevents them from getting access to info you probably don't want them to have.

You say you thought the account was taken care of, so does that mean there were bills from the hospital that you paid off? If so, did you pay them prior to the account going to collections?

Also, are you certain the account was "SOLD" to the CA? Just because they're reporting on your CR doesn't necessarily mean they purchased the debt. 

[Anonymous]

http://www.hipaasurvivalguide.com/hipaa-regulations/164-502.php

[Caldric]

Yeah I was hoping to work with OC but when I called them today they said I had to work with the CA when I asked if I could pay the bill off. I was hoping they would remove it since I am pretty sure it is a legitimate bill but a mistake on my part. The Billing "Name" is the same on two bills but the bills are seperate this one is rerouted to a physcian billing and the other was hospital billing. Is all confusing none the less. I have a friend who said the CA will absolutely not do pay for deletion which is a shame with such things as medical bills. Yeah it is a debt but seems they just pop up sometimes and will be there many more years so is going to suck on the score but guess I will have to pay it and take even more hits ( I assume it takes score down when you pay it off?)  before getting a mortgage anytime soon..

[Anonymous]

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@Caldric wrote:

Yeah I was hoping to work with OC but when I called them today they said I had to work with the CA when I asked if I could pay the bill off. I was hoping they would remove it since I am pretty sure it is a legitimate bill but a mistake on my part. The Billing "Name" is the same on two bills but the bills are seperate this one is rerouted to a physcian billing and the other was hospital billing. Is all confusing none the less. I have a friend who said the CA will absolutely not do pay for deletion which is a shame with such things as medical bills. Yeah it is a debt but seems they just pop up sometimes and will be there many more years so is going to suck on the score but guess I will have to pay it and take even more hits ( I assume it takes score down when you pay it off?)  before getting a mortgage anytime soon..

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So the physician/facility situation: typically this type of billing happens with hospitals, not your run-of-the-mill doctor's office or clinic. The easiest way to explain is with an example: You go the ER with a broken leg. You get x-rays and get a cast put on. The hospital will bill physician charges for the services that the ER doctor provided, the services that the x-ray technician provided, and any other services by people; then they will bill facility charges such as the cost of the x-ray film, the supplies used to put the cast on, and any other fees not associated with an actual person. it may look like you are getting billed twice for the ER visit, but one is actually the doctor's fee and the other is for the use of the facility.

You say that you THINK the bill is legitimate, but you're not for sure? Is it a substantial amount of money?

[Caldric]

Yeah I called them today had to go through 2 departments to find the physcian billing place. It is only 240 dollars so not a big financial thing just wasn't sure to just pay it off. From 2014, oh and it is just as you said 1 was paid long ago other was for the doctor. Reason I say is legit is because after talking to them (OC) it seems so, I just hate talking to collection people in general I know they have a job to do but history has been of trying to work with smartarse people.

[Kikimin]

This is accurate. I work in medical billing and under HIPAA collection agencies are acting as a business associate for the hospital/physician and are able to receive all PHI for billing purposes however they must also adhere to HIPAA guidelines i.e. cannot disclose medical info to anyone but the patient.