***UPDATE*** DV response.....simple question...?

[Brooklyn2018]

Hi, Everyone!

I sent out my DV’s out and received a response from one about a medical bill. It’s seems legit. My only question is(since I’ve NEVER done this before)

Is the CA allowed to put this into the response letter?:

Service Date: xx/xx/xxxx

Code: xxxxx

Description: level 5 exam emerg dep?????

Charge: $xxx

That is my only question about the ALLOWED information in a DV response when it comes to my PERSONAL medical files. I’m not sure and I hope I’m not asking something that violates the forum rules? Or something that cannot be answered definitely?

Thanks!😊👍

[Anonymous]

Health care providers are permitted to share your information with others for business purposes and collecting on a debt would be appropriate, possibly the listing of the code might be iffy. Google the HIPAA Letter Process and follow it exactly as laid out. If you have problems finding the website or any questions PM me.

[RobertEG]

Yes, a debt collector has express permissible purpose under HIPAA to obtain sufficent specific account information such as is needed for them to conduct their business of attempting to collect on a medical debt.

The issue, as for any assertion of violation of HIPAA, is not whether they have medical account information, but whether it exceeds the limitation of not providing any unecessary specifics of medical condition, procedures or services.

In my opinion, they have not violated HIPAA by obtaining details of medical procedures and services that would go beyond the permissible purposes provided under HIPAA.  However if you disagree, you can always consult an attorney and file a HIPAA non-complance complaint with the medical providor.

[Brooklyn2018]

Thanks, RobertEG👍😊

I figured it was pretty legit. I just wanted to make sure.

Also, it is out of SOL...does that matter in this particular case/dv response? Does it, or can it, constitute a HIPAA response? Or am I just SOL?! Lol

Thanks👍

[RobertEG]

Expiration of SOL on bringing civil action does not negate the debt, and thus does not remove either their ability to continue collection activities, or affect the DV process.  It simply means that the owner has lost the right to secure a civil judgment ordering your payment of the debt, and providing legal basis for subsequent attachment of assets or garnishment of pay as forced payment of the debt.

Some states have enacted their own enhanced debt collection practices statutes or regs that impose on a debt collector the specific obligation to inform a consumer if the SOL is known to have expired.  However,that is not a requirement under the federal FDCPA, and does not impact any ongoing DV process.

[Brooklyn2018]

***UPDATE***

Medical collections $42.08(out of SOL)
Ages off Nov/2019

Received a letter from Credit Systems International stating:

“03/05/2018

Until verification or the result of our investigation is completed and sent to you, we are requesting deletion(s) from the Credit Reporting Agencies (CRAs). Our control of reports to CRAs is limited to reports our office initiates. Regardless of the CRA status, our client is the owner of this account(s). Weekly updates are scheduled to be sent to the CRA’s electronically.”

So, what is exactly going on here? Is it deleted UNTIL validated?

I plan on offering PFD. With such a small amount hopefully, they’ll bite(?)

Any info would be GREATLY appreciated!👍

😊

[Brooklyn2018]

***UPDATE***

I sent DV(TFC) and I received a letter from Credit Systems International today on a medical collection account $42.08. w/info about the account(the same info RobertEG states that was not in violation) and it also states in the body of the letter:

“03/05/2018

Dear XXX XXXXX,

Until verification or the result of our investigation is completed and sent to you, we are requesting deletion(s) from the Credit Reporting Agencies (CRAs). Our control of reports to CRAs is limited to reports our office initiates. Regardless of the CRA status, our client is the owner of this account(s). Weekly updates are scheduled to be sent to the CRA’s electronically.

What exactly is going on here? Is it just deleted until validated? Also, since they will be deleting it, should I offer a PFD to OC? OR to CSI? Or what to do from here is my question? The amount is very small only $42.08.

Any advice would be GREATLY appreciated!👍

Thanks! 😊

[Anonymous]

The passing of the SOL means you have a defense if you are sued. They can still file suit, you just have to raise SOL as a defense. Then you can sue CA for violations 

Picture this. CA has wrong DOFD. Files suit. Debtor doesn’t respond because he thinks debt is past SOL. Ends up with a default judgment. 

This is is why you always respond to a subpoena 

[Brooklyn2018]

Thanks for the info, Wamore1.👍

But, my question on the DV response letter I received from CSI(above) was that info in the body of the response letter.

Is this collection only being deleted UNTIL validated?

Thanks!😊

[Anonymous]

That I don’t know. Not my area of expertise. I’m limited to financial advise and debt collection and lawsuits. Lol