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Debt Settlement

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A ca is trying to collect on a assumed debt. they sent me a letter after a couple dv's saying my medical records are private per " Hippa Laws", is this correct? Also if I make them an offer to settle this, will that make me admit it is mine, it is not, but I am to the point where I do not want it on my cra, and am tired of writing back and forth.

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Hey. I dont know all the details off the top of my head but there is a topic listed as Hospital Collections that goes into some detail over the HIPAA. Its basically a law that makes sure that personal health information is not given to the wrong people. I am not sure if the CA saying they cannot give that to you is true or not, it may be a lie and therefore not being able to validate. Now there are ways for offices to be able to give that information to CA's or any other party other than yourself of insurance. They would have to have a BAA (Business Associate Agreement) on file between the practice and whomever they are sending that information to, and it basically is an agreement that the information is confidential and can not be misused. The HIPAA laws are out there, but really, take a look at the Hospital Collection thread and you may find more info.

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Privacy laws are new to most of us but private medical laws shouldn't keep a CA from DV they probably want you to provide info to them wich we should never ever do.... BTW the form giving the doctor, hospital the right to treat you, is almost always separate from the medical info that is considered private. So legally it could be provided for DV purposes most likely,

there are also privacy laws regarding collections, for instance a CA can not under any circumstances reveal to anyone information it has obtained about me while it was trying to collect from me, it can't share letters or addresses it has on file with anyone without my permission. if you should ever get to the discovery phase of a court case scrutinize very carefully every bit of documented info the CA comes up with, you may be handed a made in heaven lawsuit.

for instances:

A CA can't use your DV letter you sent to someone else to beat you to the punch they must wait for you to DV letter them, then they can't use DV info they got from anyone other than the original creditor. they can't share info with each other, each CA has to operate independant of the other.

If someone gathers half your DV info they can't FAX it over to the next CA in line or even all of it, this is what makes DV such a valuble tool.

And it would seem that Right to privacy violations may soon become the pet peave of the courts, so keep your eyes and ears open.

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