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Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

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Anonymous
Not applicable

Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

I have paid collection accounts that list medical providers/original creditors by name on my credit report:  'Perinatal Center' and 'Newborn Specialist'. Can these be removed via HIPAA letter?

Message 1 of 7
6 REPLIES 6
gdale6
Moderator Emeritus

Re: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info


@Anonymous wrote:

I have paid collection accounts that list medical providers/original creditors by name on my credit report:  'Perinatal Center' and 'Newborn Specialist'. Can these be removed via HIPAA letter?


Unfortunately we cannot discuss the HIPAA Process on this board, you would need to contact its creator for answers to your questions on it. Typically paid medical collections have to be removed by GW letters to the reporting entity.

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/GW-letter-Q-amp-A-Examples-and-GW-Success-Sto...

 

Welcome to My Fico Smiley Happy

Message 2 of 7
Anonymous
Not applicable

Re: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

If the question is "are the items being reported like this a HIPAA violation?" the answer is...Maybe. It really depends on "where" you are seeing this information. My understanding is that medical items are supposed to be coded a certain way such that when you are viewing you own file, you will see what appears to be very specific information regarding the provider, but when someone else is pulling your report that data gets stripped out and all they see is a generic description of "medical provider"

 

You might have a mortgage broker do a lender pull and see if the items are properly coded as described above.

Message 3 of 7
RobertEG
Legendary Contributor

Re: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

The FCRA specifically excludes a credit report from providing the name of a medical provider who has furnished information to a CRA unless the name is restricted or reported using codes that do not identity, or provide information sufficient to infer, the specific provider or the nature of services they provided (with the sole exception of providing a credit report to a medical insurance company).  See FCRA 605(a)(6).

 

Perinatal and newborn clearly identify the name as a provider of those types of medical services, and thus should be excluded in some manner to restrict disclosure of the nature of the medical care.  The debt collector should have done that in their reporting, and/or the CRA should have done so in their credit reports.

Best way is for the furnisher to block out the nature of the services, and not rely upon the CRA to review all credit reports and make a determianation as to blocking any name that might identify medical nature of services.

 

You can certainly file a complaint regarding their lack of compliance with section 605(a)(6), such as to the CRA or the CFPB.

That would notify the debt collector that their reporting should somehow restrict such information, such as is conventionally done by use of asterisks.

They cannot undo lack of past compliance, as toothpaste is out of the provervial tube.  If you feel they intentionally violated section 605(a)(6), I suppose you could bring civil action.

 

However, deletion of their entire collection as a punishment for any such violation is not a requirement of the statute.

 

Message 4 of 7
Anonymous
Not applicable

berRe: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

Robert, does FCRA 605(a)(6) include public records?  I looked at the FCRA and there was no distinction...

Message 5 of 7
Anonymous
Not applicable

Re: berRe: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Inf

Public records are...well, PUBLIC. They will show whatever plaintiff brought the suit.

Message 6 of 7
SunriseEarth
Moderator Emeritus

Re: Can a Collection Account be Removed via HIPAA Letter if Business Name Reveals Medical Info

Hello,

 

Unfortuately, I will have to lock the topic, as our Forum guidelines do not allow of discussion of the so-called "HIPAA method" as a means to remove a TL.   However, this does not take away from the fact that the TL reporting appears to be improper as outlined by RobertEG's response above.   I would advise OP to seek third-party assistance in this matter, if contact with the CA has not resulted in corrected reporting.   



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