Re: HIPAA or PDF Medical CA[ Edited ]
01-25-2013 04:01 AM - edited 01-25-2013 04:07 AM
In your situation, the issue of expiration of SOL would not be my primary concern.
It is totally unrelated to credit reporting, and with that recent a DOFD, it has a long time to continue its credit scoring damage. Expiration of a state statute of limitations is not basis for compelling deletion of any accurate credit reporting.
Even if still within SOL and they were to initiate legal action, you can always simply PIF before trial, eliminating a judgment being rendered by the court.
A PFD offer, while always iffy, settles the whole matter, if accepted. The debt is satisfied, and CR exclusion is achieved.
I would make that offer.
The so-called HIPAA process has not, to my knowledge, as yet been affirmed as binding legal interpretation of the HIPAA statute in any jurisdiction.
Even if it were to be affirmed by a trial court, it would only become precedental once affirmed on appeal, and then only in that jurisdiction.
So it remains a legally undecided interpretation of the HIPAA statute that would not, in my opinion, be my bedrock in pursuing credit report deletion.