Medical Collections

[Anonymous]

Hi, question ...

I had two ER visits, one resulting in emergency surgery, therefore, I have medical debt.  I have 3 separate bills with one collection agency, all assigned different account numbers, placed at different times.

• $16.00 – No dunning notice sent.
• $606.00 – Dunning notice sent. I requested validation.
• $906.16 – Dunning notice sent. However, original creditor placed a 60 day hold while I attempted to sort with insurance company.  I never requested validation for this account.

The collection agency responded to my validation request by providing an itemized statement detailing all three bills and accounts above.  It was like a consolidated validation, although I didn’t request.

Can they do this?  Is this a Hipaa violation?  I unknowingly gave them permission to provide documentation for only ONE account - the $606.00 bill.  I referenced the account number.  I did not allow them to pull my complete file with the hospital and include any and all bills.

Thanks!

[Anonymous]

Google the HIPAA Letter Process follow it exactly as laid out. If you have problems finding the website or any questions PM me.

[RobertEG]

HIPAA permits medical providers to disclose information pertaining to medical debt only to the extent necessary for a debt collector to conduct collection on the debt.

That typically includes dates and amounts of medical debt, but excludes details as to the type of treatment.  Such disclosures are a clear violation of specific prohibitions under the Act.  They are not an interpretation of HIPAA related to retention of medical information once a debt is paid.

The issue has nothing to do with the so-called "HIPAA process," which is based on an interpretation of HIPAA that once a medical debt has been paid, there is no longer any permissible purpose to retain ANY medical information, thus mandating removal of collections.

Your issue is not an interpretation of HIPAA, but rather a clear violation of their have included, in any form, details of medical services provided.

You thus can file a complaint for violation of HIPAA based on prohibited disclosure of details of medical services provided, which is not based upon and is totally separate from any issue of removal of the reported collection based on the interpretation of the HIPAA statute that forms the basis for the so-called HIPAA process.