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I havent been able to find any definite answers on this question. it seems to me that a collection agency should not be reporting the name of the health care facility .. for example the name of a drug treatment facility...wouldnt that be horribly embarrassing? Aren't they supposed to used specific codes?
I have been researching HIPAA and the potential for a private right of action. Others have opined that HIPAA does not provide a basis for a private right to sue and cause of action. Based upon a review of the law, this appeared to be correct, ie. an individual cannot sue using HIPAA as the cause of action. However, several state court cases have recently set legal precedence that show an individual can sue using a cause of action of "negligence" or "breach of duty of confidentiality" with a reference to HIPAA and the law's "standard of care" requirements. It appears when plead carefully, federal appeals courts are validating the approach as perfectly legal in the original state legal actions when there has been an improper disclosure of medical records. My read of this is an individual could also plead "breach of contract" if the contract required confidentiality of medical records in accordance with HIPAA. Two interesting articles with supporting case law on the topic are posted below. http://www.mcguirewoods.com/Client-Resources/Alerts/2011/6/HIPAA-May-Provide-Basis-for-State-Law-Private-Cause-of-Action.aspx http://www.driven-inc.com/hippa-violations-may-result-in-private-right-of-action-under-state-law/
I just want to address a few things that came up in the thread you can find here: http://www.creditinfocenter.com/community/topic/323173-heads-up-fair-warning/#entry1286889 I am an experienced Florida-licensed attorney and have been since 1988. Since 2007 when the pace of business formation slowed to a trickle (and it has never recovered) I have branched out into other areas of practice, including estate planning, business litigation, foreclosure defense, FDCPA matters, and personal injury (bringing me full circle to where I started). I'm not immune to any of the winds that are buffeting others. Here is an example of what I've been able to do recently, taken from a comment I made on Zeroedge.com: http://www.zerohedge.com/news/2014-02-26/housing-recovery-myth-new-york-and-new-jersey-ends-bang-foreclosures-surge#comment-4481460 As for a 2003 posting with respect to HIPAA, the situation I described may or may not still be valid in 2014. I haven't checked. And as for WhyChat, she and I have had our disagrements, most notably over a method I successully used when I believed I was being overcharged for a helicopter ambulance that transported my toddler son. Since that discussion was on another board, I won't try to link it here. I can be found here: https://www.facebook.com/MarkHankinsLaw and here: http://www.avvo.com/attorneys/34637-fl-mark-hankins-1274066.html And my book (which is not "self-published" ... it is published through Bookshaker, which is better described as a "lean" publishing house, one that does not deal with agents and publicity and what-have-you) may be found here: http://www.amazon.com/Debt-Hope-dirty-survival-strategies/dp/1907498524 I regard myself as very pro-consumer and anti-bank, and if I have put out any misinformation it was entirely inadvertant. A couple of years back I was surprised to find this review of my book: http://www.amazon.com/review/RLC7EGEVTVR91/ref=cm_cr_dp_title?ie=UTF8&ASIN=1907498524&nodeID=283155&store=books Folks can make of me what they will. I am not, however, what Clydesmom describes ... an agent provocateur.
Hi, I am disputing a medical collection on my credit reports. While I am disputing with the original creditor because of billing errors, I am also questioning how this is posted to my credit reports, and how the information may potentially be shared with others. My TransUnion report shows the collection listing in this fashion - Original Creditor: Med 1 02 - and then shows the medical provider's name and the type of physician. I am under the impression that the code Med 1 02 puts a privacy block on the information that follows per HIPAA regulations. Can anyone confirm this? The same listing on Experian uses no such code, but shows the medical facility, physician's practice, and type of physician, which leads me to believe they may be sharing some of my medical history with others. Is this a correct analysis? Thank you.