deseyer Posted April 2, 2004 Report Share Posted April 2, 2004 Some of you have been following my posts about this medical bill. I've had some awesome responses. Glad I found this discussion board. You are all a wealth of information cuz sometimes this stuff makes me feel like I'm just being dense...Anyways... a recap of the situation. I sent out the validation letter. They fired back a letter with a computer printout that had dates with amounts, a health code and my name, Policy ID (which is in fact my SS#..and I'm not telling them that it is) and my daughter's name. That printout has nothing on it that indicates where it came from.She also indicated that any other information I would have to contact the medical group. She supplies the name of the medical group in her attached letter but nothing else. I can't find an address for this medical group anywhere.. on the web.. the phone book etc.. Quite frustrating.Now my question... How does HIPAA effect what she can and cannot do to validate the debt? Do I have to go back and get more information from the medical group regarding this debt? Des Link to comment Share on other sites More sharing options...
Methuss Posted April 2, 2004 Report Share Posted April 2, 2004 Some of you have been following my posts about this medical bill. I've had some awesome responses. Glad I found this discussion board. You are all a wealth of information cuz sometimes this stuff makes me feel like I'm just being dense...Anyways... a recap of the situation. I sent out the validation letter. They fired back a letter with a computer printout that had dates with amounts, a health code and my name, Policy ID (which is in fact my SS#..and I'm not telling them that it is) and my daughter's name. That printout has nothing on it that indicates where it came from.She also indicated that any other information I would have to contact the medical group. She supplies the name of the medical group in her attached letter but nothing else. I can't find an address for this medical group anywhere.. on the web.. the phone book etc.. Quite frustrating.Now my question... How does HIPAA effect what she can and cannot do to validate the debt? Do I have to go back and get more information from the medical group regarding this debt? DesHIPAA is out the window because you have communicated with the CA. Once you give them permission to seek validation, you forfeit the privacy rights under HIPAA.To use HIPAA, you have to send the care provider a letter telling them that they are not authorized to share your private medical information with 3rd parties and that you will deal with them directly on the account. Usually, you have to pay the bill to the care provider in order to force them to retract your medical information from the CA. I fyou are disputing the alleged debt to the care-provider, HIPAA would prohibit them from sending info to a CA because until the dispute is resolved, they have no permissable purpose to communicate with a CA. Link to comment Share on other sites More sharing options...
deseyer Posted April 2, 2004 Author Report Share Posted April 2, 2004 Actually I'm not concerned about nailing them on HIPAA. However the office manager is using it as a means of basically telling me I have to go to the Health Care Provider for more information concerning the debt. Weird considering they sent me an itemized computer printout with details regarding treatment. I can't find this medical group listed in any current phone book so I don't even have a way to do this... and quite frankly I'm wondering if it is my responsibility to do it since I contacted the Collection Agency regarding their reporting on my CR. I honestly don't know if they can. All I have right now is their letter stating that it is this medical group.. no address for that medical group.. and a printout with information about it.. but no Doctor or medical facility listed on it... and it's dated 11/2000. They sent it the same day they got my letter which tells me they didn't get it from the provider.Do you have any statute or ruling regarding the fact that she can go and ask for verification from the health care provider to validate this debt?Thanks in advance. Link to comment Share on other sites More sharing options...
Methuss Posted April 2, 2004 Report Share Posted April 2, 2004 Actually I'm not concerned about nailing them on HIPAA. However the office manager is using it as a means of basically telling me I have to go to the Health Care Provider for more information concerning the debt. Weird considering they sent me an itemized computer printout with details regarding treatment. I can't find this medical group listed in any current phone book so I don't even have a way to do this... and quite frankly I'm wondering if it is my responsibility to do it since I contacted the Collection Agency regarding their reporting on my CR. I honestly don't know if they can. All I have right now is their letter stating that it is this medical group.. no address for that medical group.. and a printout with information about it.. but no Doctor or medical facility listed on it... and it's dated 11/2000. They sent it the same day they got my letter which tells me they didn't get it from the provider.Do you have any statute or ruling regarding the fact that she can go and ask for verification from the health care provider to validate this debt?Thanks in advance.Well, first off, what they sent you is a load of hooey. That's not validation. It doesn't even identify the address of the OC, which is pretty basic stuff. There's no copy of the contract/agreement. And, they didn't provide you with a copy of their agreement giving them authority to act on the OC's behalf (or showing they bought it).If they have made ay other attempts to collect since you sent them the DV letter -- phone calls, letters with demands for payment, reporting to the CRAs -- then they are in violation of the FDCPA already.If I was in your shoes right now, I'd send out a violation notice to the CA and specifically tell them what they've done wrong. If you are feeling magnanimous you can give them a chance to send you the rest of the docs, or just tell them to bugger off since they obviously can't provide proof their claim is legitimate.If they reported to the CRAs, check your reports. If they don't say "disputed" as their status, then they are in violation of the FCRA. Cha-ching for $1000 per credit report.There are several opinion letters from the FTC that say the CA must get the validation from the OC. Link to comment Share on other sites More sharing options...
deseyer Posted April 2, 2004 Author Report Share Posted April 2, 2004 MethussIt's funny you should mention that part about them needing to provide proof of their contract with the OC. She specifically said in her letter:You should please note that your "letter of dispute" is grossly incorrect, this office DOES NOT have to "prove up" to you, or any one else, a contract between our office and our client.Got anything I can use to disprove that statement?The more I read this letter.. the more ticked I get...DesPS I'd also like to make it clear.. this debt is about 4 years old. I don't remember getting anything from them (CA) regarding this debt ever. Does this effect my 30 day period? Link to comment Share on other sites More sharing options...
Methuss Posted April 2, 2004 Report Share Posted April 2, 2004 MethussIt's funny you should mention that part about them needing to provide proof of their contract with the OC. She specifically said in her letter:You should please note that your "letter of dispute" is grossly incorrect, this office DOES NOT have to "prove up" to you, or any one else, a contract between our office and our client.Got anything I can use to disprove that statement?The more I read this letter.. the more ticked I get...DesPS I'd also like to make it clear.. this debt is about 4 years old. I don't remember getting anything from them (CA) regarding this debt ever. Does this effect my 30 day period?Pah. If they think they don't have to prove that they are authorized to act on the OC's behalf, they can try saying that to a judge. Wright v. Asset Acceptance clearly states that a CA must not misrepresent the legal title of the debt. If you question that they are not authorized to act on the OC's behalf, then they have to show that they are.30 days starts from date of initial contact. Also, they have to give you the "mini-miranda" within 5 days of initial contact (even if that is by phone) or face the FDCPA penalties. Link to comment Share on other sites More sharing options...
deseyer Posted April 3, 2004 Author Report Share Posted April 3, 2004 I actually had another collection agent tell me today that they were in violation because of the mini miranda... and that their documents don't prove anything.Also my friend.. the HIPAA consultant informed me today that I can ask them for accounting of disclosures of my daughter's medical information or their HIPAA policy. If they can't produce either they are not complying with HIPAA law since they are acting as an agent of the Health Provider. He told me if they can't produce those documents then I can go to the Office of Civil Liberties. (Its in the other thread I put up.. )Des Link to comment Share on other sites More sharing options...
wdspeedbump Posted April 3, 2004 Report Share Posted April 3, 2004 they also have to have a hipaa contract on file that makes the ca a covered entity and subject to hipaa regs. failure is 50,000 big ones as a fine. Link to comment Share on other sites More sharing options...
deseyer Posted April 3, 2004 Author Report Share Posted April 3, 2004 Well according to my friend... a very good friend, worked with him (HIPAA compliancy consultant) I wouldn't have access to that document. Link to comment Share on other sites More sharing options...
seven Posted April 4, 2004 Report Share Posted April 4, 2004 ok...I am still learning so dont laugh at this question, but what is the mini miranda??? Link to comment Share on other sites More sharing options...
seven Posted April 4, 2004 Report Share Posted April 4, 2004 ok...I am still learning so dont laugh at this question, but what is the mini miranda???nevermind, answered my own question......boy that search function is our friend... Link to comment Share on other sites More sharing options...
paw67 Posted April 5, 2004 Report Share Posted April 5, 2004 It is my understanding that you don't waive your HIPAA rights unless you contact the ca AFTER you have started the HIPAA "process". For example, DH has several medical collections listed on his reports and I sent a dv letter to the ca. Got partial validation but $$$ amounts do not match up and there are a couple of other problems. I was told that if DH wants to, he can pay the OC using the HIPAA letter from whychats site but that if he did that he can not contact the ca after sending the payment/letter to the oc or that would actually waive his rights. Hope this makes sense.Also, it is my understanding that a CA can provide validation but it must actually come from the OC.Good luck!paw67 Link to comment Share on other sites More sharing options...
Recommended Posts