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Contributor
raine22
Posts: 93
Registered: ‎03-27-2007

Medical Collection back after Hippa Letter #1 had removed, Need Advice?

One of the medical collections I had removed with Equifax has been placed back on my credit report.  Not sure which step I should take next regarding this collection since I already had it removed once. 
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

Dispute- Re-insert FCRA § 611(5)(B)
 
They MUST notify you within 5 days to re-insert, The funisher must certify the data, the CRA must prevent re-insert.
FCRA § 611(5)(B) Requirements Relating to Reinsertion of Previously Deleted Material

(i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph

(A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

(ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

(iii) Additional information. As part of, or in addition to, the notice under clause

(ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).
Moderator Emeritus
fused
Posts: 16,253
Registered: ‎03-12-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

Is this collection paid or unpaid? If you paid, who did you pay? If unpaid, do you have the money to pay it off in full?
 
When was the original date of service? (the day medical service was rendered)?
 
Is this collection from a hospital or a doctor's bill?
 
 
 
 
Credit Cards:
Amex BCP 25K ~ Amex Clear 25K ~ Amex Platinum NPSL ~ Chase Freedom Visa 19.3K ~ CITI Dividend World Mastercard 20.3K ~ FIA Fidelity Investments Platinum Plus Visa 40K ~ First Hawaiian Bank Gold Visa 10K
Contributor
raine22
Posts: 93
Registered: ‎03-27-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

It's a Paid Collection in which I had sent the CRA Hippa #1 CMRR Letter and they removed it a couple of weeks ago and placed it back on September 5th. (Equifax)
 
I originally paid the OC.  It was a Hospital Bill from a surgery in 2007.  I was making payments to the OC after insurance and I guess they thought it wasn't enough and turned me over to a CA which in the process I had paid the amount off in full with the OC before it even reported on my CR by the CA.
 
It is also appearing on my CR updated as paid by TU in which they say they verified the information in which the Hippa #1 letter did not work with TU.
 
I read what Timothy posted but I'm still not sure what my next step should be?
 
 
Moderator Emeritus
fused
Posts: 16,253
Registered: ‎03-12-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

Have you opted-out? If not, opt-out on all three reports and with all creditors.
 
 
After you opt-out of both, update your personal info on your credit reports.
 
Has the reporting CA sent you any correspondence?
Credit Cards:
Amex BCP 25K ~ Amex Clear 25K ~ Amex Platinum NPSL ~ Chase Freedom Visa 19.3K ~ CITI Dividend World Mastercard 20.3K ~ FIA Fidelity Investments Platinum Plus Visa 40K ~ First Hawaiian Bank Gold Visa 10K
Contributor
raine22
Posts: 93
Registered: ‎03-27-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

[ Edited ]
I have not opted out.   All my information is current with the CRA's.  What does this do for me?
 
A couple of months ago, I received a letter from the CA but nothing since that time.  They called me once and at that time I stated to them I had paid the account in full with the OC.  This was all before I came here and sent Hippa #1 letter to CRA's.
 
By them adding it back to my credit file it dropped my score 51 points as well.


Message Edited by raine22 on 09-08-2008 11:17 AM
Moderator Emeritus
fused
Posts: 16,253
Registered: ‎03-12-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

Opting-Out of two things: Your Credit Reports and All Creditors. The first one prevents the CRA's from selling your personal data to anyone else. The second one will prevent current creditors from sharing your personal info with others. Also, by opting-out with your current creditors, it is believed that JDBs (and CAs) will be unable to buy and report an invalid debt. This is huge when you are disputing a med collection using your HIPAA protection. Any CA who is reporting a med collection must prove it's  both valid and that they have business purpose to report it. Opting-out makes it much more difficult for CA's and JDBs to report valid collections. Go ahead an opt out and when completed, come back here.
Credit Cards:
Amex BCP 25K ~ Amex Clear 25K ~ Amex Platinum NPSL ~ Chase Freedom Visa 19.3K ~ CITI Dividend World Mastercard 20.3K ~ FIA Fidelity Investments Platinum Plus Visa 40K ~ First Hawaiian Bank Gold Visa 10K
Contributor
raine22
Posts: 93
Registered: ‎03-27-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

I am a little confused by the Opt-out all creditors letter exactly who am I sending that letter to?  Everyone I have business with?  
 
I really don't get junk mail offers, I have fraud alerts on all 3 CRA's.
 
I've already done the Opt Out Credit Reports
 
 
Moderator Emeritus
fused
Posts: 16,253
Registered: ‎03-12-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

You send this letter to all of YOUR creditors: CCC's, auto loans, mortgage lenders and etc.
 

TO [COMPANY NAME]:
Street :
Address :
City:
State and Zip Code:

ATTN: "OPT OUT" Department

MY FULL NAME IS:
FULL STREET ADDRESS
CITY
STATE AND ZIP CODE

RE: These accounts. I am listing my name, the name of my account, and my account numbers here:

________________________________________________________

________________________________________________________

________________________________________________________

1. I am asserting my rights under the Financial Services Modernization Act and the Fair Credit Reporting Act to "opt out" of the following two uses of my personal information:
a. You do not have permission to disclose personally identifiable information with your non-affiliated third-party companies or individuals.
b. You do not have permission to disclose my creditworthiness to any affiliate.

2. I am further instructing you:
a. Do not disclose any of my transaction and experience information to any affiliate of yours.
b. Do not disclose any information about me in connection with marketing agreements between you and any other company.

3. Please respond to me in writing stating that you will comply with these instructions. If I have not received a letter within thirty days specifically denying my instructions, I will assume your records have been noted to comply with this letter.

I am mailing this in a sealed envelope, and I am NOT including my social security number. I believe my name and account number identify me sufficiently.

SIGNATURE AND DATE:

 

[MAIL IN A SEALED ENVELOPE TO EACH COMPANY. Use only your return address (not your ss number or account number) on the return envelope.]

Credit Cards:
Amex BCP 25K ~ Amex Clear 25K ~ Amex Platinum NPSL ~ Chase Freedom Visa 19.3K ~ CITI Dividend World Mastercard 20.3K ~ FIA Fidelity Investments Platinum Plus Visa 40K ~ First Hawaiian Bank Gold Visa 10K
Contributor
raine22
Posts: 93
Registered: ‎03-27-2007

Re: Medical Collection back after Hippa Letter #1 had removed, Need Advice?

Ok, have done all the Opt-out steps.  Now this is complete what is the next step I need to take to get the paid Medical Collection removed again?

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