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I recieved a letter today in responce to mine from the CA. Pleas excuse me if I am a little long winded, I won't put the whole letter just the "meat".

Here goes:

Thank you for your inquiry regarding th above referenced debt.

Thank you for your inquiry regarding the above referenced debt. This letter should clarify the debt for you.

You are correct that under the FDCPA you have a right to request validation of the debt. This letter will serve such validation.

The account is on your credit file and will remain there as long as allowed by the FCRA or unless it is proved that you are not responsible for the debt. We will, however, mark your file as disputed. Any payments made will be reported to the credit bureau.

Our contract with the creditor is not something that you will receive. I have however enclosed a copy of the your patient ledger from the creditor. This ledger includes your signature in two areas as well as charges, payments and insurance payments/adjustments.

The debt was assigned to us on (such and such date). The only creditor is (name of creditor and address). The balance of the account is $xxx.xx. The debt was placed on your (name of credit bureau).

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

This letter has been sent to you by a collection blah blah, blah

Now the " Ledger they mailed me does not have my signiture on it...my name is writen on the patient name but not by me... the amounts are on the "ledger" but what was done is covered up.

I do have all of the paper work and canceled checks but I don't this I should mail this to the CA.

So, what next??

Admin, I would deeply appreciate your help.

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Just an FYI .. according to HIPAA (Health Information Portability and Accountabilty Act), they can't allow that medical information to be disseminated, even though you were the patient. Its a health information privacy thing, so the 'blocking out' of the procedures was probably done to comply with HIPAA. If this company regularly deals with medical collections, they would have to comply with HIPAA or suffer federal fines and sanctions.

[Edit by LadynRed on Friday, 1, 2002 @ 08:36 AM]

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Then let me see.... if that is true and I have my documentation which includes what the insurance paid and my checks with paid in full on the last check and the signitures they say are mine and if I showed them to you you would say they are a right handed female.. which are obivously not mine.

Then with out being to reconcile the charges that they mailed me... how can I word my 15 day??

Does anybody have a link to the Law concerning the HIPAA and debt validation?

[Edit by PandR on Friday, 1, 2002 @ 04:09 PM]

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WOW! is this ever confusing? I just read (or tried to read)parts of the HIPAA pertaining to Collection Agencies. Believe me it's not that easy to understand. But there are two important things that I found and they are:

1) Federal protection under this rule doesn't apply until April 2003. (Unless there is something else already in place that I missed.)

1) In the FAQ section of the www.hhs.gov site it specifically states:

Question - Does the Privacy Rule permit covered entities or their collection agencies to obtain payment from parties other than the patient, e.g., from spouses or guardians?

Response: Yes, the Privacy Rule permits a covered entity, or a business associate acting on behalf of, or providing a service to, a covered entity (e.g., a collection agency), to disclose protected health information as necessary to obtain payment for health care, and does not limit to whom such a disclosure may be made. Therefore, a covered entity, or its business associate, may contact persons other than the individual as necessary to obtain payment for health care services. See 45 C.F.R. § 164.506©. However, the Privacy Rule requires a covered entity, or its business associate, to reasonably limit the amount of information disclosed for such purposes to the minimum necessary, as well as to abide by any reasonable requests for confidential communications and any agreed-to restrictions on use or disclosure of PHI. See 45 C.F.R. § 164.502(B).

So my thougt on this is to check state laws for it's version of a Privacy Act for Medical Records. I'm in TX and it just enacted Medical Privacy Act in September 2001. However, I think it follows the same basic rules as the HIPAA.

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