HIPAA Resolution - Are you Serious?

[Anonymous]

Let me see if I understand correctly.  I have read the "medical collection" posts regarding the multi-step process invoking HIPAA in order to remove a medical collection from your report.  So, am I right to conclude that no matter what verbal statements have been made and what the original reasons are for not paying the debt, as long as you strictly follow those steps and pay the debt in full to the original collection/doctor, then the collection agency ultimately HAS to remove the debt, regardless as to the collection agency's verbal (or written) warnings to you, regardless of the fact that the CA originally reported the unpaid medical debt properly and accurately to the credit reports?

[203bravo]

Redyhws -

The HIPPA laws are very complex and apply to your privacy in rearguards to your Protected Health Information (PHI).  The laws dictate when and to whom your information can be used without your express written consent and when it cannot. 

The two biggest times that your information can be used without express written consent is for Treatment and Payment.  The HIPPA letters that are found on this forum use the Payment portion of the law to your advantage.  Afterall, if full payment has been made for the treatment then there is really no legal reason for your PHI to be shared any longer.

This is where it can get a bit sticky and may not always work.  Your PHI is "technically" only being violated if the cause of the post revel personal information that can identify what treatment you were receiving and/or conditions that you may have.  If the OC for example was a cancer doctor, HIV specialist, cardiac md, etc and the MDs name and/or clinic name is listed via the CA then they could be in violation.  If there is a simple generic name that would not revel anything consider PHI then you cannot force them to remove the trade line.

That being said, this process is usually very effective once the bill is paid in full because many do not full understand the laws.  It is usually simpler for them to remove the notations then fight the issue.

The responsibility is utilities with the provider, however if they subcontract with any other organizations (collections included) then they must obtain contracts and MOAs that they sub-contracter is advised of the laws and will follow them.  Remember as well as your "rights" are never forfeited.  If you speak to anyone and/or give written consent, it can be withdrawn by you at anytime and your federally protected rights are still in effect.

The process is always worth trying (even repeating) if necessary since they are usually more on your side then the provider and surely more than the collection agency.

Good Luck.

[Anonymous]

As far as I can tell, this is also a catch-22 for the CAs because they have to verify debt to the CRAs, with name of original creditor, and after the debt is paid, they should no longer have a right to the information they would need to do that with. 

[Anonymous]

I am looking at my credit report right now on this matter.  It lists the collection agency and all standard amounts and dates.  It shows that I disputed the debt, which could lead someone to believe that I don't get along with doctors or their fee payment/structures (which arguably could lead to certain doctors or other creditors not wanting to take me on as a patient/client fearing that I may be argumentative or "difficult" because I won't pay basic doctor fees (but I am not sure that is really a HIPAA issue, is it?)  

Most importantly, the entry shows my doctor's name.  I went to my doctor for out-treatment addiction to pain killers, which is his specialty.  Therefore, in this case in particular, the disclosure of his name in this entry could allow anyone who looks him up and his practice specialty to conclude with reasonable certainty that I had addiction problems at one time.

SO IT BEGS THE NEXT IMPORTANT QUESTION:  If I have a rogue or stubborn doctor and/or collection agency who educate themselves about the HIPAA rules, can they simply ask the credit reporting agencies to delete the doctor's name from my reports or put in some other name (i.e., any "tradename" that the doctor may practice under) in order to comply with HIPAA and still report the collection? 

[Anonymous]

Medical providers only have a *business purpose* to collect money owed. This is different then other debt. Once the debt is paid then there is no BP between the OC and CA. Paid debt must be deleted!

The name of the provider is only seen by you when you pull your own CR.  When pulled by another creditor all they see is a masked account # by a CA. No provider name.