Is this a HIPAA violation????

[Anonymous]

Bump

[cw81]

Tia, I am assuming you haven't paid the CA from reading this tread ? Correct me if I am wrong If you haven't follow the Hipaa process Opt out and remove your old addresses from the the CRA's and then send the Pre Hipaa letter to the reporting CRA's first then go from there.

[Anonymous]

Tinker,  HIPAA is strict when it comes to the order letters are sent and to who!

You never contact the CA!

This is only part of the  

HIPAA LEGAL BASIS

FCRA & HIPAA STATUTES-

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA")

Most provisions of the FCRA are directed at "consumer reporting agencies", generally defined as persons that regularly assemble or evaluate consumer credit information on consumers in order to furnish consumer reports to third parties.

The FCRA, however, also imposes significant obligations on users and resellers of consumer reports and any person or business that regularly reports information to a consumer reporting agency. Any information received in the form of a consumer report is subject to the FCRA.

In addition, the new FACTA regulations require the CRA's to do a REAL investigations and contact the Original Creditor for requested information in a CONSUMER DISPUTE. This is why you SHOULD use the NEW "CRA dispute letter BEFORE using any part of the HIPAA letter proccess.

"Consumer report" generally means any written, oral or other communication of information by a consumer reporting agency bearing on an individual's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living, which is used in establishing the consumer's eligibility for credit or insurance.

The term "consumer report," however, does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report or certain communications among affiliates.

 

It is possible for a company to inadvertently become a credit reporting agency subject to the obligations under the FCRA by regularly communicating credit-related consumer information to third parties.

IMO  this last sentence applies to the OC  in your case.

You must file a dispute using the Pre HIPAA letter........   The OC never has to validate!   only a CA needs to validate a DV letter which can not be used for medical debt!

Call the OC back (hope thata you get a different person)  Just ask for the amount owed!  Tell them that you want to pay the debt and would they please sent you a statment. DO NOT mention the CA.

If that doesn't work then you will need to write a letter (in your words)  stating that because they are communicating with a 3rd party on credit-related consumer info. that they must comply with all FCRA and HIPAA laws.      In this letter ask for detail statment of debt.

[Anonymous]

Thank you for your advice- I will try to contact the OC again, but I know that they are not going to comply by the way they treated me last time. They don't know anything about HIPAA or collection laws at all. So a DV letter can not be used for medical debt?? Gosh- I am so confused right now. I've spent weeks reading thread after thread here and never read that! :-(

[Anonymous]

This is how it works

Medical is handled different then any other debt!!!!  you must use HIPAA letters.....medical reporting is covered by FCRA,HIPAA and PHI.........HIPAA is federal & a separate department of the gov.

Other debt is NOT covered by HIPAA

HIPAA says  never contact a CA as you may lose protection under HIPAA law.

Other debt...do not talk to a CA!!  everything in writting (they will lie to your face)

You can NOT    DV an OC  only a CA!

[fused]

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HappyDays wrote:

HIPAA says  never contact a CA as you may lose protection under HIPAA law.

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I'm glad you bold the word "may" because I haven't come across anything that says you WILL lose your protection by contacting the CA, DV them or offer them a PFD if you can't afford to pay the OC in full.