HIPAA process - What's my next step?

[Anonymous]

Ok here it goes. I’m new to posting  on this forum so please bear with me. I would first like to thank all who have posted on this forum. I felt helpless until I cam across all this information.

My situation.
I have 2 unpaid medical collections, one for $876 only being reported to Transunion and  another for $547 that is being reported to Transunion, Equifax, and Experian. Both of these collections are being collected by a CA and not the original creditor.

What I have done so far.
I started the HIPAA dispute process and completed the steps up to sending out the pre-hipaa letter to the CRA’s. It took about 30 days or so and I heard back from all three CRA’s about a week ago. Transunion deleted the $876 (1 down 1 to go) but all three agencies verified the $547.00 charge.

The problem.
The $547 is for a Doctor that do not recall ever seeing. I contacted my old insurance company and asked them to verify if this was a doctor or a name that had been billed to them on my behalf and if so what was the date of service. The insurance company informed me that I would need the date of service and the amount billed for them to access that information (why I have no idea). So I contacted the Doctor listed on all three of my credit reports.  I was informed by the very pleasant lady on the phone that my name was not in the system and that they had no record so it must have been before 2006, as that is the cut off for there records. I was informed in a very kind tone that I would need to contact the CA for that info. However I have read everywhere on this forum not to contact the CA so that’s what I am doing.  I have not contacted the CA. It does not make sense to me that I would contact the collection agency to find out what service was provided to me by a doctor and when it was provided this seems to violate the HIPAA (am I wrong in thinking this.)

The question.
This is where my question comes in. What’s my next step should I continue the HIPAA process and send a HIPAA letter to the OC with payment for $547.00 using Scenario #1 or should I do something else, like DV the CA or the OC or something that I haven’t thought or read about. My main goel is to get this removed if its mine I will pay.  Any help would be greatly appreciated. Thank all for taking the time.

[fused]

Welcome to the forums!

Congrats on the one delete, you're half way home. Now for the remaining unpaid, invalidate collection, is it marked as disputed and verified on all three of your reports from the bureaus? 

[Anonymous]

Thanks a lot for the quick response and thanks for all the information you have posted on this forum your truley helping a lot of people.

My transuninon report states:

Balance:
$547 
Date Verified:
04/2009 
Original Balance:
$547
Original Creditor:
MED1 02 G!!!!!! E G!!!!!! MD
Past Due:
>$547<
Pay Status:
>Collection Account< 
Account Type:
Open Account 
Responsibility:
Individual Account 
Loan Type: Collection Agency Attorney
Remark:
Account information disputed by consumer
Date placed for collection: [ 01/2005]
Estimated date that this item will be removed:   02/2011

 Experian 

Status:
Collection account. $547 past due as of Apr 2009.    
Status Details:
This account is scheduled to continue on record until Dec 2010.
This item was verified on Apr 2009 and remained unchanged.
 

Date Opened:
01/2005
Date of Status:
03/2006
Reported Since:
03/2006
Last Reported Date:
04/2009
   

Type:
Collection
Terms:
1 Months
Monthly Payment:
$0
Responsibility:
Individual
   

Credit Limit:
$547
High Balance:
N/A
Recent Balance:
$547
Recent Payment:
$0
 
Account History:
Collection as of Jul 2006 to Apr 2009, Mar 2006 to May 2006
 
Your Statement:
Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act).

Equifax wont let me acess my report anymore but they are sorry for my inconvenience. So I will mostlikley have to order another one from them.

Thanks again.

[fused]

You should only send the OC the HIPAA letter if the CRA(s) verify AND the CA sends you validation. The former happened, but latter did not. So, your next move would be to do the following.

Since the CRAs “verified” your unpaid collection but the reporting CA did not provide a complete and accurate validation of the account, send this letter to the CA CMRRR.

MEDICAL DV LETTER TO THE CA

After you receive the green card for the Med DV letter to the CA, mail this follow-up dispute letter along with a copy of the green card from the Med DV letter to the CRA(s) CMRRR.

 FOLLOW-UP DISPUTE LETTER (2) TO THE CRA'S

In addition to doing the above letters, please make hard copies of your reports, you might need them later on if you have to file complaints with government agencies. Also, see if the OC would send you something on their letterhead stating they don't know who you are and you don't owe them any money. BTW, EQ might be down for another day or two.

[fused]

EQ is up and running again.

Breaking News

[Anonymous]

Hi there I have a few more questions.

Here is where I stand to date. I followed your advice and mailed a MED DV letter to the CA. I sent the all three letters in one envelope CMRRR. I mailed the letters out on APRIL 28th. I tracked the letter online and confired delivery on April 30th. I was out of town until yesterday and when i got home May 6th the green card was in the mail. Great!

I typed out the follow up dispute letters to the CRA's today and there ready to go. However today in the mail I received a letter from the CA. The letter states the "As requested please find enclosed is documentation regarding the account above- mentioned delinquency"

What they sent me was a Patient Receipt for for a Doctor that i did see back in 2003/2004. The receipt has and C**** ENT ASSociates listed on the letter head and then in the top Descripton it has my name/ Doctor H. The receipt has dates and medical descriptions, Fees, Units, insurarce and patient. It has all procedures listed back to when i first went to this Doctor H.  and the amounts covered by insurace and what wasnt covered i guess. The receipt shows that my last payment was 4/21/2004. The recepit states that i owed the OC 364.97 and then in pen they wrote 182.48 (fee) total $547.45 No where does it have the docors name that is being reported on my credit reports. 

Questions.

1. What do you think is my next step? Should i send out the follow up dispute letters to the CRA's or is it time to pay in full along with the HIPAA letter to the OC and if so do i pay the amout the OC says I owe or the amount being reported. 

2. Is this all the information reqested  I thought that they were suppose to send te following info requested. Should I have recieved this information along with this receipt.

I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of: Agreement with your client that grants 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.

3. Why is there one Doctors name on the receipt and another my credit reports.

4. Can the CA charge this high of a Fee. I still feel as they have showed no proof that they are authorized to collect this debt. This is just a print off of an invoice. Any info you can give would be great again thank you for your help.

Message Edited by jabberwockysrage on 05-07-2009 09:48 AM