twocats_us Posted October 14, 2004 Report Share Posted October 14, 2004 I was in the hospital in August of 1999. I had surgery and I became uninsured the day I was admitted to the hospital.The hospital allowed me to file for hardship and I was approved. The bill from them was taken care of. I was never told but assumed that all bills related to this would be taken care of.I never received any bill or notice of any kind that I owed money for any services I received from my hospital stay until I noticed a collection on my credit report for $1260.00.I don't have the money to pay it now and I didn't have the money to pay then. First of all I think it is very wrong for them to put it on my credit report as a collection without even contacting me. I never was given the chance to pay this bill.From what I have researched the Statue of Limitations has run out on this bill. I think its absurd that they try to collect the money after 4 years has passed.Can someone please direct me in the next step? This is not a collection agency; it is the Doctors Management Company trying to collect the money. So HIPPA does not apply. I would like to send a validation letter asking them to prove it is my bill and prove it is within the statue of limitations (I am in California). Would this be a course of action I could take?My other option would be to contact the management office and inform them I was a hardship case to see if they will drop it. But I don't want to imply that I owe the money, it still has been over 4 years.Please Help!! Link to comment Share on other sites More sharing options...
gprncss Posted October 14, 2004 Report Share Posted October 14, 2004 I'm not going to be much of a help since I'm not in CA but... is the bill coming from the doctor who works in the hospital or is simply associated with the hsopital?Also, do you have the hardship documentation that you signed? Does it say what is/was covered? If it does and it inculdes this bill then you are in luck, you can use it against them. Link to comment Share on other sites More sharing options...
anti-something Posted October 14, 2004 Report Share Posted October 14, 2004 and im not going to be much help either try to find it yourself, or if anyone from CA knows the answer please chime in;there could be a law that says what medical bills can and cant be collected if they did not bill you within a certain time (theres one in tx) Link to comment Share on other sites More sharing options...
twocats_us Posted October 14, 2004 Author Report Share Posted October 14, 2004 At the time the doctor worked at the hospital but it looks like he may have left there. Then again I could be wrong and he was just associated with them, his office was at the hospital back then.I do not have the original forms that I filled out for the hardship but I do have the letter stating they granted me the hardship. But I don't believe it states anything specific about the other doctors bills being covered or anything to that effect. Link to comment Share on other sites More sharing options...
gprncss Posted October 14, 2004 Report Share Posted October 14, 2004 At the time the doctor worked at the hospital but it looks like he may have left there. Then again I could be wrong and he was just associated with them, his office was at the hospital back then.I do not have the original forms that I filled out for the hardship but I do have the letter stating they granted me the hardship. But I don't believe it states anything specific about the other doctors bills being covered or anything to that effect.From what I know, you can always DV a collection, as long as it is a collection. Also have you tried disputing it with the CRAs Can you get in touch with the hospital to see what they have or might not have about it? I say might not have because, if they have no record of you and you can get that in writing, you can use that as a leverage to get the collection deleted! CA natives, plz help Link to comment Share on other sites More sharing options...
twocats_us Posted October 14, 2004 Author Report Share Posted October 14, 2004 The first thing I did was dispute it with the Credit Bureau(Experian) and I am still waiting for their response. Yesterday I got a letter from the doctor's management company letting me know that they are aware of my dispute and gave me a computer generated printout of what I owe them. I am assuming that the credit bureau will say it has been validated but I know it really hasn't been. Link to comment Share on other sites More sharing options...
gprncss Posted October 18, 2004 Report Share Posted October 18, 2004 The first thing I did was dispute it with the Credit Bureau(Experian) and I am still waiting for their response. Good, let them have their 35 days, it may end up being deleted from your CR Yesterday I got a letter from the doctor's management company letting me know that they are aware of my dispute and gave me a computer generated printout of what I owe them. I am assuming that the credit bureau will say it has been validated but I know it really hasn't been.A print out is not proper validation, signature?? if no signature, no validation! Is it noted on your CR as in Dispute? If not that is a violation and you can sue them for that! Wait for the CRA to finish the validation and respond.SOL has passed too, another weapon in your corner !! Link to comment Share on other sites More sharing options...
retmar Posted October 18, 2004 Report Share Posted October 18, 2004 You need to go to the top of Page 1 in the "Credit Repair" section of this site and click on the sticky there. You will find all laws for the State of California.As to your situation, here are a few things for you to know and research further.1. The State of California holds the CA and OC liable under the FDCPA.2. California Civil Code 1785.26( clearly states that no negative information may be reported to a CRA unless the consumer is notified, in writing, within 30 days before or after the TL is reported.3. Yes, the HIPPAA does apply as they are reporting to a CRA.4. In the State of California, it is illegal to even attempt collection on a timebarred debt. As to their sending you a "statement" regarding your dispute with the CRA, it falls into a "Gray Area" in regards to being considered collection activity. What this means is they can send you a dunning letter for eternity, but, cannot use words like "pay by or else", or any other wording that a least sophisticated person would deem threatening. Do not, for any reason, sign a contract or agreement of any kind.As to your assuming the debt was included with the Hospital, this is normal as so many consumers do not realize there are different providers involved in a Hospital. Yes, you could use this as a legitimate reason for non-payment if you are going to pay it. You could try and blame the Hospital rep who did the paper work, but, it probably wouldn't get you out from under the debt. Regarding whether you did or did not receive any written communication regarding this bill, you will have to prove you are at same address. This still does not get you out of the woods as all a "business" has to tell the court is they did mail a statement. Since this "business" relies on the US Mail to operate, it is considered true. Don't worry, if they did try and sue, your defense is the SOL and no communications.Lastly, if you did use the HIPPAA letter, you would need to send full payment. Since the debt is now timebarred, you could make an offer of settlement using the SOL as a reason to pay less, but, you also want the TL deleted. For this reason, by citing the SOL, you will make it clear that if they refuse your offer, then you will sever all communication and they can just eat it. Remember, your goal is to assure the TL is deleted if you pay. Link to comment Share on other sites More sharing options...
Recommended Posts