Medical Collections Help....

[KeithW]

First off let me stat that I live in Missouri, which isn't a community property state.

Recently I had two collections show up on my credit report for a local womens health office. I asked my wife if she knew anything about it and she said she hadn't been to that doctor in years and had been going to another one in a neighboring city for the past few years. I called the collection agency, which is a branch of the hospital that also owns the womens health office, and they freely told me that is was a bill for my wife and gave me the date of the visit. My wife says she didn't go there anytime around that date and owes them nothing that she knows of.

Now they have  reported a second bill they claim she owes that is even newer, which she again says isn't valid.

Regardless of whether or not she owes it, should they be discussing it with me and putting it on my credit report??? I wrote them a letter demanding they remove it and they refused. I dusputed it with the credit agencies and they removed it after investigating. Do I have a case against them for discussing this with me as well as repeatedly puttting this on my reports?

[Anonymous]

First I would have your wife call the womans health office and inquire about these bills. It could be that the bills are older, but just now landing in collections.
Second, I don't believe collection agencies can discuss this with you unless you were some how listed as responsible for payment. You would have had to sign off on that at the health center if that's the case.

[KeithW]

I never signed anything nor have I ever had any contact with them. I want to stop them from doing this in the future.

[RobertEG]

A debt collector is permitted to discuss an asserted debt with a spouse.  It is not a violation.

A spouse of a consumer asserted to owe a debt is, for purposes of collection on the debt, considered as also being the consumer.

See FDCPA 805(d).

[KeithW]

I see. Thank you for the guidance.

So there isn't an issue with them telling me the supposed date and procedure, such as your wife had a checkup on July 10th, because they can discuss medical records with the spouse?

[Anonymous]

That much is fine. But nothing about results/personal data etc. Unless she signed a HIPAA release.

[RobertEG]

Any issue of possible violation of HIPAA by the debt collector having and discussing prohibited medical information, such as types of medicial procedures, is a separate matter that is dealt with by way of filing a complaint under HIPAA.

It would not, per se, be basis for requiring deletion of a reported collection.

Debt collectors are expressly permitted under HIPAA to obtain sufficient information to permit their collection activities, which would include the name and address of the consumer, and dates of services.  However they cannot obtain specific information that describes types of illness or types of medical procedures.

Thus, as stated by a prior respondor, the level of detail determines whether their might be a HIPAA violation.

If all that is provided is that the consumer visited a medical providor for a "checkup" on a certain date, that would likely not be a HIPAA violation, as it does not describe any medical procedures.

[mrshulkisloislane]

I contacted the original creditor for a collection account appearing on my credit report and they directed me to a different collection agency for "detail" on the account. When I phoned that agency the rep. told me that she did not have that particular account however she had several others and proceeded to rattle off in detail to me the specific procedures I allegedly received. I assumed this was their validating the debt. So RobertEG you're saying they're not supposed to supply specific details?

[JVille]

Tell them these are NOT bills owed by you or your wife and they will need to prove otherwise. Is it possible these bills are unpaid by Insurance Company or is someone using your wife’s identity. You wife is going to need to get involved and get copies of the Original bills and find out why your insurance company didn’t pay them.

[Anonymous]

Reading what you wrote that collection department has violated the patient's Hippa rights. No medical information can be released without the patient consent.
You should send debt validation letter to that collection department.