topic Re: NEED Help with HIPPA Violation Please!!! in General Credit Topics

NEED Help with HIPPA Violation Please!!!

Anonymous — Tue, 27 Nov 2007 04:31:46 GMT

Greetings,

I recently sent a dispute letter to Medical Data Systems Inc, regarding a charge off of $56. I asked for a formal debt validation. If they were the owner assignee blah blah blah. Well, they sent it back right away with my all of my medical diagnosis/procedures etc. They did not send anything with my sig on it. But it was the bull crap print outs. They also had a copy of my dl. My question is this:

1) Isn't this a HIPPA Statute Violation. Can a hospital turn over your person medical information to a CA?
2) If it is a violation should I send a dispute (Hippa Complaint) to the OC (hospital) stating the violation or dispute again with the CA regarding it.

Thanks

Re: NEED Help with HIPPA Violation Please!!!

TryingVeryHard — Tue, 27 Nov 2007 10:25:22 GMT

I am not really sure if you have a case, regarding the alleged HIPAA violation. The use of medical information is permissible to fulfill or in attempting to make the patient/debtor satisfy their legal financial obligation. What is not permissible is if this medical information are distributed to another party by the CA, without valid reason.

However, please be informed that you probably have a CASE if, this CA ignore your request for debt validation and then PULL YOUR CREDIT REPORT (See Pintos Case) or REPORT derogatory trade line in your Credit report.

I believe collection agencies have very nice lobbyists working in Congress.

I could be wrong. I hope everything ok!

Re: NEED Help with HIPPA Violation Please!!!

TryingVeryHard — Tue, 27 Nov 2007 10:27:45 GMT

And if I may add, the court may also find the credit bureaus guilty if they provide CA credit report without PP.

Re: NEED Help with HIPPA Violation Please!!!

Anonymous — Tue, 27 Nov 2007 12:51:05 GMT

kelly, welcome to the forum. There's a wealth of information here to help you, with many knowledgeable people. This issue came up in late october/early november. From what I remember, it is a CLEAR violation of HIPPA. And you have recourses at your disposal, including litigation.

Please use the search box and type in HIPPA to read the posts on this subject.

Message Edited by Sylviatob on 11-27-2007 04:51 AM

Re: NEED Help with HIPPA Violation Please!!!

TryingVeryHard — Tue, 27 Nov 2007 12:58:57 GMT

http://ficoforums.myfico.com/fico/board/crawl_message?board.id=generalcredit&message.id=3038

Is a good threat. Tuscani make a good post on this one.

Re: NEED Help with HIPPA Violation Please!!!

TryingVeryHard — Tue, 27 Nov 2007 13:09:22 GMT

For better result, search HIPAA not HIPPA.

Re: NEED Help with HIPPA Violation Please!!!

Anonymous — Tue, 27 Nov 2007 13:27:48 GMT

Unless you signed a release, this is a clear HIPPA violation-

I would Demand upon payment:
1. Removal of all entries in Credit reporting system

2. Certification of the removal of all identifiable health information from their system by an Officer of their company.

3. Provide copies of all documentation in regards to requesting identifiable health information.

Limits on Use of Personal Medical Information. The Privacy Rule sets limits on how health plans and covered providers may use individually identifiable health information. To promote the best quality care for patients, the rule does not restrict the ability of doctors, nurses and other providers to share information needed to treat their patients. In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside entity for purposes not related to their health care.

Re: NEED Help with HIPPA Violation Please!!!

Anonymous — Tue, 27 Nov 2007 16:20:32 GMT

yes send your dispute to the privacy officer of the hospital.

Re: NEED Help with HIPPA Violation Please!!!

Anonymous — Tue, 27 Nov 2007 19:35:26 GMT

They can send the billing part of your file and the page where you agree to financial responsibility. In my case it was also the intake page where they ask why you are there for treatment.... so my CA now knows why I was treated. I feel it is a violation of privacy.