Medical Collection Question

[Ardellw]

I DV'd a CA and it ends up being a medical bill from back in 2000. Their response to me was a copy of a detailed bill from an emergency room room visit that lists the medication used, says I got an injection of antibiotics, etc. and the costs for each one. Is an old bill proper validation and with the new HIPPA laws, can they disclose that info to the CA? What should I do next? I got my green cards back and getting ready to dispute with the CRA's. I still feel a little intimidated by all of this though. But I am getting the ball rollin!! Thank you all!!!

[Rich3077]

Just bumping this because I need to know the answers myself.

Peace

Rich

[divemedic]

I wouldn't worry about hipaa, this is so old, depending on where you are the SOL has probably run.

[Revco]

Here's the text from the FDCPA regarding debt validation. All of these items must be in the validation in order for it to be valid. You'll want to check the SOL for your state specifically if you're going to go after them for violations. Nothing would suck more than to have a counterclaim filed against you. If you're outside the SOL, sure...raise hell.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.