Rebuilding Your Credit

[Chanduwar]

Hi,

I have a medical collection which suddenly appeared in mt CR. Only 73 dollars, and I am ready to pay.

How should I proceed, I have been reading this pre HIPPA thing. What is it?

Chanduwar

[Tons_of_Debt]

You send the pre-HIPAA letter to the three CRAs and wait for a response as to who the OC is. You then send payment to the OC with the 2nd letter.

DO NOT COMMUNICATE WITH THE CA

Send everything CMRR

[fused]

HIPAA - Health Insurance Portability and Accountability Act

The Privacy Rule allows a covered entity (hospitals and doctors) to use or disclose an individual's PHI (protected health information) w/o the individual's authorization, as necessary for treatment, payment and other health care operations.

 

If a covered entity is allowed to use or disclose PHI, it must take reasonable measures to limit the use or disclosure to the minimum amount necessary to accomplish the intended purpose or the use of the disclosure. 

So what this means is a CA can report an unpaid collection because they still have a BP (business purpose) to your PHI, but once it's paid the CA has to delete the paid collection. HIPAA says since the covered entity's business associate, the CA, has completed it's task, to collect the debt, the CA no longer has a purpose to have access to one's PHI. So if the CA doesn't remove the paid collection, the OC would be in violation of HIPAA for continiung to disclose PHI to the CA.

Have you had any communication with the CA? If yes, STOP doing so. The HIPAA letter process leaves the CA out of everything. Is this a doctor's bill or hospital bill? Have you tried to do a PFD with the OC?