Ilecs, Fused, Sidewinder, Happy, can anyone help?

[MichiganMommy]

I just renamed this thread instead of typing "BUMP". Please read each post if you can assist, I am grateful to all who apply....

Okay, I sent the Step #3 the Pre-Hippa letter to TU for 6 PAID medical collections all from the same CA. I received two letters back from TU today. Neither makes any sense. The pre-hippa letter asks them to verify the debt by providing me with certain information...(date of service, name of provider, etc.).

The first letter I received from them reads:

1. Our recordsshow that your creditor previously verified as accurate the items that are listed below. Therefore, under FCRA we consider this dispute frivolous and we will not reinvestigation the items unless you can provide us with court papers or a recent, authentic letter from the creditor(s) that explains what information should be updated.

If you disagree with the results of your dispute, you may add a consumer statement of 100 words or less.....

WTH????

Letter #2 (in the same envelope with letter#1): We are in receipt of the additional information regarding your current disputes. Due to this additional information, the timeframe for completing the investigation has been extended.... Your initial correspondence was received on 10/6, and your additional information was received on 10/13....

What, I never sent any ADDITIONAL information?????

I am so confused. First of all, I don't believe that I have disputed this before. What I do recall is that they CA sent TU a letter to have them removed. They did not remove them, they just updated them as paid. I do recall calling TU (before I really knew about the Hippa process), because they should have been removed once they were PAID in full. I had to fax TU the PIF letter. They still never removed them, this was back in July. I guess that is what they might be referring to???? They got a letter from the CA and a letter from me (I faxed them the CA letter). This is a medical collection. Why is TU breaking the law???? What do I do???

Secondly, I did not send them any additional information. I have NO idea what they are talking about. I only sent them six pre-hippa letters for the same CA...all in the same envelope. Any ideas out there?

Now what, do I skip to step #3, scenario #3???????????????????

Thanks

MM--

Message Edited by MichiganMommy on 10-26-2008 02:35 PM

Message Edited by MichiganMommy on 10-26-2008 04:17 PM

[fused]

Are you saying you originally arranged a PFD with the CA? If so, do you have this in lucid English on the CA's letterhead?

[MichiganMommy]

Fused,

Thank you SO much for the reply. I really am frustrated and not sure what to do next. To answer your question, yes and no....

The yes is that before I knew about Hippa law I contacted the CA and asked for a PFD. I DID ask for it writing. THey told me (and I posted about this many months ago), that their legal department handled all of their debt collections and they had no way of securing this sort of letter from them...Yeah, right. They went on to say that I conversation was being recorded as proof that they agreed to delete for payment.

They did fax me a letter the day after I paid addressed to all CRA letting them know the debt had been PAID and that they (the CA) were requesting that all negative information be deleted from my file. I am sure their choice of wording has something to do with why TU and EQ chose to mark as paid. EX immediately deleted.

So, I immediately called them (prior to knowing about Hippa). They, the CA sent electronically (so they say) another request from them to the CRAs to delete. No such luck!

So, I am still stuck with these PAID medical collections on my report. Once I found out about Hippa I decided to go this route, but I think that I may have made things worse. I am confused on what letter to send next (if any) to clean this up... Hippa Scenario #3, step 3 says for the Alternative Med DV letter..."You MUST send the "medical dispute letter" FIRST and have had the account verified" but that is under Scenario #2 and I did not think that you do Scenairo #2 if you have already PAID the collection???????????

Thanks for your assistance....

MM--

[Anonymous]

Might be a silly question, but did you start with the pre-HIPAA letter, or with one of the scenarios?

Also, the letter to the OC seems like a powerful tool for paid accounts...

[MichiganMommy]

Likewise,

No question is silly....Yes, I started with the Pre-Hippa process (mind you I did speak directly with the OC prior to writing the Pre-Hippa letter months ago when I made the PFD arrangements).

What would you suggest to go into the letter to the OC? Should I do this or follow the steps of the Hippa process (or maybe this is a part of the next scenarios)?????????

 As you can see, I am more confused than not. Thanks for your input....

MM--

[Anonymous]

I was really confused at first too, so I took it step by step, and actually, it didn't feel like it made sense till I got to the final steps.

The bottom line (assuming I understand this correctly) is that according to federal privacy laws, unless a medical bill is both valid and unpaid, NOBODY gets your protected health information. In order to comply with federal debt collection and credit reporting laws however, the CAs and CRAs must have your full records in order to validate the debt. So if for any reason a medical provider cannot provide that validation, because it is paid, or is unpaid because they screwed up their paperwork, they can't validate it. Therefore it cannot be reported.

The steps seem to discover whether there is a legitimate business relationship between OC and CA and whether or not each entity has the correct paperwork to report in compliance with the law. 

Once you've established the business relationship, and you know THEY know it's paid, (either through their own records or paying them with a restrictive endorsement) then you spell out what you did - which is to establish that bill doesn't exist or is paid, nullifying any business purpose for anyone to have your PHI and therefore eliminating any right those records which are necessary in order to report.

The steps make them prove the situation sort of to themselves. By the last letter, you have them dead to rights.

But that's why everyone says always start from the beginning and do it exactly as they say.

I'm still waiting on a few final responses, but I'm hopeful. It certainly makes sense.

[MichiganMommy]

I am still patiently waiting for some more advice. Can anyone share with me what they would do next???

Bottom line is that I have 6 paid medical collections (from the same CA) on my TU account and 3 on my EQ. I  have done the pre-hippa exactly as it is explained.

I got the weirdest letters from TU (see the rest of this thread) and I am still needing support to figure out what to do next.

THanks

MM--

Message Edited by MichiganMommy on 10-26-2008 04:18 PM

[fused]

Please post the CA's PFD letter verbatim.

[MichiganMommy]

Fused,

Here is what the CA PFD letter states:

Date: July 10, 2008

Name: XXXX XXXXX

Account Number: On Next Page (they did this because there were 6 different ones)

Date of Service: On Next Page

RE: Accounts with University of Michigan

This is to inform all concerned parties that the person listed above is settled in full, and we are removing all negative information from this office on their credit report. Please allow30-90 days for this to update.

Any questions, please call (800) xxx-xxxx

Sincerely,

CA Name

[MichiganMommy]

Bump??????