topic Hippa process in Rebuilding Your Credit

Hippa process

nmorton79 — Fri, 11 Dec 2009 03:00:10 GMT

Good evening to all... I have a question...is it necessary to complete the hippa process from the beginning for a unpaid debt to a CA that you know is yours? Thanks in advance for the replies and the advice.

Re: Hippa process

nmorton79 — Sat, 12 Dec 2009 17:35:49 GMT

No takers, huh...well thanks anyways

Re: Hippa process

IOBA — Sat, 12 Dec 2009 20:02:33 GMT

I don't understand your question...

If a CA sent you a notice, you should DV for the supporting docs.

Re: Hippa process

nmorton79 — Sat, 12 Dec 2009 23:39:50 GMT

@IOBA wrote:
I don't understand your question...

If a CA sent you a notice, you should DV for the supporting docs.

I'm asking about a debt that I know I owe. I'm asking if it is necessary to use the hipaa process, or is it ok to just ask for PFD? Sorry if I sounded confusing...

Re: Hippa process

fused — Sun, 13 Dec 2009 03:39:24 GMT

nmorton79 wrote:

@IOBA wrote:
I don't understand your question...

If a CA sent you a notice, you should DV for the supporting docs.
I'm asking about a debt that I know I owe. I'm asking if it is necessary to use the hipaa process, or is it ok to just ask for PFD? Sorry if I sounded confusing...

Since our med debt board has been put to rest, I suggest you do use the HIPAA letter process. There are risks when going the PFD route, however. It mostly centers around issues involving contracts, and it could really complicate the protection you are afforded under HIPAA. For more help, I would google "HIPAA letter process" or "whychat". Good luck!

Re: Hippa process

Anonymous — Sun, 13 Dec 2009 15:52:26 GMT

HIPAA does not apply to unpaid medical debts, only to paid medical debts.

If you DV the CA, you cannot do HIPAA, so be careful if you hope to use it.

HIPAA is the process of using medical privacy as a means of leverage to get third party debt collectors to remove a CA related to a PAID medical collection. The legal reasoning is that medical information is protected. And that if the debt is paid, there is no legitimate reason to be releasing or reporting any medical information to a third party, including CA's or CRA's.

However, if you DV the CA you are giving them authority to obtain the relevent medical information related to the debt, and therefore they have a legal reason to have obtained and to report the upaid portion.

Therefore: If the debt is unpaid, you want to attempt to pay and deal directly with the OC medical provider. Once it is paid, then you have HIPAA options.

If you cannot pay the debt to OC, then you usually want to attempt a PFD to the CA. You might be able to settle for a fration of the original amount. But it is important to NOT:
1. Do not admit liability.

2. Do not authorize them to obtain or verify any medical information

3. Offer as a settlement of the alleged debt as a means to buy peac, a payment for settlement in full, in exchange for deletion to CRA's.

Re: Hippa process

fused — Mon, 14 Dec 2009 02:25:19 GMT

txjohn wrote:

HIPAA does not apply to unpaid medical debts, only to paid medical debts.

If you DV the CA, you cannot do HIPAA, so be careful if you hope to use it.

HIPAA is the process of using medical privacy as a means of leverage to get third party debt collectors to remove a CA related to a PAID medical collection. The legal reasoning is that medical information is protected. And that if the debt is paid, there is no legitimate reason to be releasing or reporting any medical information to a third party, including CA's or CRA's.

However, if you DV the CA you are giving them authority to obtain the relevent medical information related to the debt, and therefore they have a legal reason to have obtained and to report the upaid portion.

Therefore: If the debt is unpaid, you want to attempt to pay and deal directly with the OC medical provider. Once it is paid, then you have HIPAA options.

If you cannot pay the debt to OC, then you usually want to attempt a PFD to the CA. You might be able to settle for a fration of the original amount. But it is important to NOT:
1. Do not admit liability.
2. Do not authorize them to obtain or verify any medical information
3. Offer as a settlement of the alleged debt as a means to buy peac, a payment for settlement in full, in exchange for deletion to CRA's.

While I agree its best to work with the OC whenever possible, the HIPAA letter process is applicable to both paid and unpaid med collections. Of course, you have a lot more protection under HIPAA with a paid collection, but the HIPAA letter process should and can be used with unpaid med collections too, provided you can PIF the debt, if you have to. Its important to note that no one has protection under HIPAA with medical debt that ends up as a public record. HIPAA exempted public records (judgments). The HIPAA letter process always begins with a specialized dispute letter (the pre-HIPAA dispute letter) to the CRA. Then depending on how the CRA repsonds to this letter and whether or not the reporting CA sends validation, there is more letter writing to do if the CA is not deleted. If the CRA verifies the collection and the CA does not validate, then a "medical DV letter" (not your standard DV letter) should be sent to the CA. There are two types of med DV letters: one for paid collections, and one for unpaid collections. If the CRA verifies the collection and the CA validates, then a "special letter to the OC" using a proper insert and payment if applicable is the next step. Just because its a medical debt and you're afforded protection under HIPAA, the reporting CA must still prove they are reporting a valid debt, just like any other type of non-med collection.

There is some good news with paid collections though, there is pending house legislation to make it unlawful for a paid medical collection to be on our reports. There is no pending legislation for unpaid medical collections, however.

Re: Hippa process

Anonymous — Mon, 14 Dec 2009 16:42:06 GMT

Can you give me more information on where you saw this bill? I am very interested in tracking and finding out more information on this as I am in the process of the HIPAA and have a couple paid medical collections

Re: Hippa process

fused — Mon, 14 Dec 2009 17:11:45 GMT

HR 3421: Medical Debt Relief Act 2009