topic Re: Does HIPAA Even Work????? in Rebuilding Your Credit

Does HIPAA Even Work?????

want2b_800s — Wed, 01 Oct 2008 03:12:47 GMT

Is there anyone out there who can help with HIPAA? I have followed the procedures outlined on this website to a "T" and now have received a letter from the CA saying they've sent my letter to their legal dept. Is this normal or am I now entering into a legal issue where I'll have to hire a lawyer?

My original thread was hijacked, so here I am starting anew. I still see the HIPAA letters and guidance posted on this site, so I'm guessing the process still works.

Is there anyone out there who can help?

Re: Does HIPAA Even Work?????

llecs — Wed, 01 Oct 2008 03:51:35 GMT

BUMP

Message Edited by llecs on 09-30-2008 11:51 PM

Re: Does HIPAA Even Work?????

fused — Wed, 01 Oct 2008 05:06:03 GMT

want2b_800s wrote:
Is there anyone out there who can help with HIPAA? I have followed the procedures outlined on this website to a "T" and now have received a letter from the CA saying they've sent my letter to their legal dept. Is this normal or am I now entering into a legal issue where I'll have to hire a lawyer?

My original thread was hijacked, so here I am starting anew. I still see the HIPAA letters and guidance posted on this site, so I'm guessing the process still works.

Is there anyone out there who can help?

Refresh our memories. I assume the collection is not paid. How much is it? Hospital or doctor bill? When did you have the medical service? Where are you with the letter process? Have all of the CRA's reporting the collection verified it? As a result of the pre-HIPAA medical dispute letter, has the CA sent you a complete and accurate validation of the debt? When it comes to unpaid medical collections, it's important to remember that the HIPAA letter process will only work if you can PIF. I would never advise anyone to use the HIPAA letter process on large unpaid collections which you cannot PIF, you would be asking for a lawsuit in seconds flat. This is especially the case with large unpaid hospital debt.

Re: Does HIPAA Even Work?????

want2b_800s — Wed, 01 Oct 2008 06:06:24 GMT

EX verified, so I sent the letter you suggested to the CA. When I got the green card back (which was yesterday) I sent a copy of the green card and the CRA letter to the one CRA still reporting (EX). Today, I got a letter from the CA, dated 9/26/08 which says:

"This is reply to your correspondence received in our office.

Your letter has been referred to the Legal Department. Be advised that we have fulfilled our obligation in accordance with FDCPA law by providing you with the itemization of the charges. There will be no further verification forthcoming nor is there any legal obligation to provide additional documentation. If you feel there is an error in some portion of the bill you may send your documentation to this office for review.

The reporting of delinquent accounts to the various credit bureaus does not constitute any violation of the HIPAA Act. NO medical information is transmitted

If you wish to resolve this balance you may send your payment directly to this office.

Below is the name and address of the original creditor. The address is that of the billing office and may not reflect the actual service site."

I can PIF. It is a hospital bill for my husband. Please advise next steps.

Thanks

Re: Does HIPAA Even Work?????

want2b_800s — Thu, 02 Oct 2008 00:49:18 GMT

any thoughts?

Re: Does HIPAA Even Work?????

want2b_800s — Thu, 02 Oct 2008 04:12:20 GMT

Hi Fused -

Could you let me know what I should do at this point? I keep getting to this point and no further. Should I do a pfd?

Please let me know. I started down this road and would like to complete what I had started.

Thank you

Re: Does HIPAA Even Work?????

Anonymous — Thu, 02 Oct 2008 11:20:07 GMT

I am new to the HIPPA process as used here myself. However, my Ex used to work with it alot. As I understand it, the CA is not the one to push the HIPPA process with. This must be the OC as they are the ones liable for the information.

However, I am concerned about their statement saying that they have complied with FDCA

"Be advised that we have fulfilled our obligation in accordance with FDCPA law by providing you with the itemization of the charges. There will be no further verification forthcoming nor is there any legal obligation to provide additional documentation."

The itemized charges are nothing but computer data most of the time. Have they given you anything concrete that has your signature on it?

Re: Does HIPAA Even Work?????

want2b_800s — Thu, 02 Oct 2008 15:26:15 GMT

Thank you for your repy. I feel abandoned after starting down this road. In any event, they only provided a spreadsheet saying the date it was assinged to them and the amount. An unpdated amount and 10% interest.

It also said if I wanted to get copies of anything I'd have to contact the OC. They gave me a billing office address, no phone.

Not sure what FUSED thought I should do when I got to this point, but here I am. I am a little worried about the legal department notice in the letter. Should I just pfd? DV the OC or what?

Any advice? Anyone?

Re: Does HIPAA Even Work?????

want2b_800s — Fri, 03 Oct 2008 00:49:32 GMT

Bump

Re: Does HIPAA Even Work?????

Veee — Fri, 03 Oct 2008 02:39:53 GMT

I know its frustrating not getting an answer right away but with Hippa I wouldn't do anything until someone gets here to give you that advise. Hang in there, Fused or someone with more knowledge regarding hippa will answer you.

If I'm not mistaken it's been rather slow around here today.

Veee

Re: Does HIPAA Even Work?????

want2b_800s — Fri, 03 Oct 2008 05:12:05 GMT

I know....you're right. It has been slow around here, but I feel like I just woke a sleeping giant, and I'm scared. Hopefully things will get back to normal soon.

Thanks for talking me down...lol.

Re: Does HIPAA Even Work?????

Veee — Fri, 03 Oct 2008 12:06:06 GMT

I totally get it! It's Friday, if its slow again today maybe one of the weekend worriors will be here to catch up for everyone and you won't have to wait that long.

We are having a comforting session here ... go back up a couple of posts to pick up the topic again

Re: Does HIPAA Even Work?????

Anonymous — Fri, 03 Oct 2008 12:54:29 GMT

Hopefully Fused will be around today to give you direct advice/instructions. The HIPAA process most certainly does work. It has not failed me yet, and it will work for you too! It sounds like the CA is blowing smoke to try to scare/bully you into paying them without validation with that "legal dept. blurb". Don't worry! From what you've written (I went back and read your original thread) it appears that Ex hasn't replied to your last letter, and the CA can't verify-- otherwise, they would have been been more than happy to. Remember, the burden of proof is on them, not you.

Wait for Fused, and don't worry about their "legal dept." crap. I'm still willing to bet that EX will delete from your last letter.

@want2b_800s wrote:
I know....you're right. It has been slow around here, but I feel like I just woke a sleeping giant, and I'm scared. Hopefully things will get back to normal soon.

Thanks for talking me down...lol.

Re: Does HIPAA Even Work?????

want2b_800s — Sat, 04 Oct 2008 05:59:41 GMT

BUMP

Re: Does HIPAA Even Work?????

Anonymous — Sat, 04 Oct 2008 06:28:07 GMT

You know, if the HIPAA process didn't work, there wouldn't be so many people using it. The CRAs pay attention to it, or they wouldn't be deleting so many accounts from credit reports.

If I understand this correctly, those CAs have to validate the debt to you, not just verify it with the CRAs. In order to validate it, they do have to transmit private health information. They are allowed to do this if there is a business purpose involved, and once a bill is paid, there is none, so they can't report.

While the letter you got says no private health information is transmitted, even the name of the original creditor can be private health information.

They probably referred the letter to their legal department because the letters on this forum tend to have strong language about consumers' rights. CAs do use scare tactics whenever possible, so don't let it get to you.

I had two CAs with medical bills tell me they never take them off the reports, but the HIPAA process made both of those go away.

Just read the directions carefully and again as you go step-by-step through it. I am juggling a lot of accounts myself, so I know how confusing it can get. But don't get discouraged.

Re: Does HIPAA Even Work?????

want2b_800s — Sun, 05 Oct 2008 03:06:46 GMT

bump

Re: Does HIPAA Even Work?????

want2b_800s — Tue, 07 Oct 2008 05:38:55 GMT

BUMP

Re: Does HIPAA Even Work?????

Anonymous — Thu, 09 Oct 2008 06:20:33 GMT

Yes HIPPA works

Myself x 1/1

Wife x 3/4 (waiting for Experian then it will be 4/4)

Re: Does HIPAA Even Work?????

Anonymous — Thu, 09 Oct 2008 11:30:45 GMT

Want2b,

Have you had any changes since you sent the CRA the copy of the gc and letter you sent to the CA? Is that the last step you have taken?

Re: Does HIPAA Even Work?????

fused — Thu, 09 Oct 2008 21:37:52 GMT

What was EX's response to your follow-up dispute letter? As for the CA's response, it more than appears they have a business purpose to your PHI and they have validated the debt. IF EX verifies, then do the following:

Scenario #1: If the CRA verifies your unpaid (and in rare instances, paid ones too) med collection and the reporting CA provides a complete and accurate validation of the account, send the HIPAA letter to the OC CMRRR. Use insert A and pay with a cashier’s check and use the restrictive endorsement on the back of the check, for deposit only into the account of Dr. XXXXX XXXXX or the Hospital Name) and send it CMRRR. If paid, use insert B.

HIPAA LETTER TO THE OC

Send the first letter to the OC, once you receive the green card, send follow-up dispute letter below to the CRA’s CMRRR.

FOLLOW-UP DISPUTE LETTER TO THE CRA