lyrech Posted March 17, 2005 Report Share Posted March 17, 2005 First of all, are medical bills considered written contracts, oral contracts or promissory notes? If they are oral contracts, then I have a collection account that will be out of SOL in about 5 months. I was going to DV them, but then I thought maybe I should wait until SOL is up. It would give me more leverage for a pay for delete. Is this the best way to go? Link to comment Share on other sites More sharing options...
Methuss Posted March 17, 2005 Report Share Posted March 17, 2005 They are considered written contracts only if you agree to pay a set amount prior to services being rendered. Blanket statements that you agree to pay whatever they charge before they provide service are unenforceable. Genrally medicals are considered in the same category as open ended accounts because they are providing the "credit" before the charges are made...Much like having a credit card.DV is an interresting thing when it comes to medicals. Mainly because a collection agent can't legally get the necessary information to validate the debt. You see there is this little law called HIPPA that forbids physicians from sharing your medical information with third parties. How can a CA obtain an accounting of the debt without listing the services for which you were charged? Simple: They can't...unless the physician violates the law themselves. Link to comment Share on other sites More sharing options...
gdouglaslee Posted March 17, 2005 Report Share Posted March 17, 2005 How can a CA obtain an accounting of the debt without listing the services for which you were charged? Simple: They can't...unless the physician violates the law themselves.Actually they could and that was exactly what Chaudhry v Gallerizo was all about, information that was privileged. Link to comment Share on other sites More sharing options...
Methuss Posted March 17, 2005 Report Share Posted March 17, 2005 They have to have a special HIPPA agreement...which almost never happens with collectors; and you have to sign a release.I've done this dance with a collector and physician before. They lost. Link to comment Share on other sites More sharing options...
lyrech Posted March 17, 2005 Author Report Share Posted March 17, 2005 Oh, good information. I hadn't thought about the HIPPA law. So, what should I do? Wait for it to SOL and then DV the CA? Or should I go ahead with it now and see if they break any rules?Thanks again! Link to comment Share on other sites More sharing options...
lyrech Posted March 18, 2005 Author Report Share Posted March 18, 2005 bumpity bump Link to comment Share on other sites More sharing options...
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