Yet another dumb HIPPA question

[Anonymous]

Hubby has an OLD paid collection on his reports from circa '05. It was for a hospital and we were contacted by, and we paid through the CA (West Asset Management).

So far, every GW we've sent has been returned "undeliverable." I dunno why.

My question though, is this ... I've read WhyChat's site on getting paid-to-the-CA collection off as per HIPPA, and I don't understand a single thing about it!!!

It says to start off with the dispute to the CRAs. Then follow up with a HIPPA to the CA. And then follow THAT up with another preHIPPA dispute to the CRAs.

How does that work??

For one thing, in disputing with the CRAs (with the preHIPPA), it IS our debt and we DID pay it. And I'm sure that WAM will be able to prove this (and perhaps nullify our rights under HIPPA??). So in essence, we have to LIE to the CRAs about the debt, right?

Am I insane? Or am I applying too much logic to the workings of the HIPPA process and the CRAs??

And did I just imagine that there was a letter that specifically states that a CA can't report a paid medical debt because of violation of our medical privacy?

Yeesh ... this is just too durn much for my wee brain to handle this early in the afternoon (made a big farmer's breakfast, so my brain's operating under "post-Thanksgiving" like conditions)

TIA!!!

[wahmom]

Sorry I can't answer your question. I just wanted to let you know that you are not alone. As I've told you before I'm totally clueless when it comes to the HIPPA process.

I can read it first thing in the morning when my brain is fresh or late at night and I'm still confused. I think I may need to update my contact prescription because I've read that process so much my eyes are crossed and I still don't know what to do. Insert a b c d e f g. I could insert all the letters of the alphabet and still be confused.

[Anonymous]

Remember that you MUST send the medical dispute to the CRAs first!!

       I don't know why it is done this way but it is HIPPA rule or law!

Then send the CA this (on paid debt only)

Alternate Medical DV for accounts that have been PAIDTO THE REPORTING CA AND ARE BEING REPORTED AS "PAID COLLECTIONS"

( You MUST send the "medical dispute letter" FIRST and have had the account verified)

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CMRR#____________

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

This letter is being sent to you in response to your recent fraudulent verification of an unknown medical account on my (name of CRA) report"

This is a notice that your reported claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt . I am requesting proof that I am indeed the party you are reporting on this debt, and there was some contractual obligation which was binding on me to pay this debt.

Please attach copies of:

Agreement with your client that granted you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all reporting activities.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. and a complete withdrawal, in writing, of any report to any credit reporting agency. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes for fraudulent slander of credit and illegal reporting activities on an account that is time-barred as well as being subject to the HIPAA and (name of your State) medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

[Anonymous]

---

@wahmom wrote:
Sorry I can't answer your question. I just wanted to let you know that you are not alone. As I've told you before I'm totally clueless when it comes to the HIPPA process.

I can read it first thing in the morning when my brain is fresh or late at night and I'm still confused. I think I may need to update my contact prescription because I've read that process so much my eyes are crossed and I still don't know what to do. Insert a b c d e f g. I could insert all the letters of the alphabet and still be confused.

---

Oh, Wahmom, me, too!!

Most legal stuff doesn't knock me into a tizzy, but for some reason all this DOES. I really dunno why. :/

But it's nice to know I'm not alone!!

[Anonymous]

Thanks, Happy!!

One more question, if I may (if I haven't worn you out already!!):

How long do I wait before I send the letter to the CA? Am I supposed to wait for an answer from the CRAs? How "long do they have" to answer?

And after the CA gets my letter, how long before I mail the second letter to the CRAs?

I realize (I think) that there's no set time limit, just don't want to flood the CA and CRAs and prejudice them against me!

Again, Happy, thank you!!!

[Schoolbuskid]

Is there a PFD Hippa letter ?