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Medical Collections / FACTA


Determined1
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Hi,

I have two medical collections on my credit reports that show the full name of the medical facility, and in one case the type of doctor. I was looking at a website called privacyrights.org that stated this:

Under a new FACTA provision, consumer reporting agencies may not report the name, address, and telephone number of any medical creditor unless the information is provided in codes that do not identify or infer the provider of care or the individual's medical condition. This does not apply to insurance companies selling other than property and casualty insurance. (FCRA §605(a)(6))

Can anyone share additional light on this issue so I can remove these items from my reports, and assist others in the same boat?

Thank you.

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Alot has to do with your state medical privacy laws and statutes, if you signed anything when you recieved medical treatment waiving your privacy rights etc.

Have you disputed with the CRA's on those medicals yet? If so, what was your dispute - not mine? Not mine generally does not work with medical disputes.

Are these accounts with CA's now? Or still with the the medical OC?

Have you been in contact with the CA's? If so, what was the extent of your contact with the CA's?

Again, I direct you to Why Chat's site (his stuff is great lol) Go to his HIPAA page and totally read it along with the links provided in it.

If you have not paid the CA's for these accounts, you can use the HIPAA series of letters. When using the HIPAA letters you "do not" have any contact with the CA!!!!

First send the Pre-Dispute medical CRA letter to the CRA's (it is at the very bottom of his HIPAA page)

If you don't receive "complete" verification or "complete" deletion within the 35 day time frame from their receipt of your letter, (if you are using the free report, that would give them 50 days) Track the certified # on line and print out the delivery data for your "paper trail") then you file a complaint on line with the FTC and redispute to the CRA's with a copy of your filed complaint.

If you do recieve "complete" verification or deletion, then send the HIPAA letter to the OC using the proper insert.

Be sure to follow all of the steps he has listed.

Keep in mind that medical SOL "is not" the same as SOL for CC's, loans etc. In many cases, using SOL as an only defense with medical is "no" defense. So regardless of the SOL, you still may be sued and may lose.

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Have you disputed with the CRA's on those medicals yet? If so, what was your dispute - not mine? Not mine generally does not work with medical disputes.

Are these accounts with CA's now? Or still with the the medical OC?

Have you been in contact with the CA's? If so, what was the extent of your contact with the CA's?

Again, I direct you to Why Chat's site (his stuff is great lol) Go to his HIPAA page and totally read it along with the links provided in it.

If you have not paid the CA's for these accounts, you can use the HIPAA series of letters. When using the HIPAA letters you "do not" have any contact with the CA!!!!

I've previously disputed as "not mine."

Both accounts are with collection agencies.

I have not spoken with either CA, nor have I received any bills from them in ages. They just remain stubbornly on my reports and state the hopsital and in once case the kind of doctor. These medical bills might predate HIPPA (from 2000), but of course the reporting is present day.

I just DV'd them 2 weeks ago, but have not heard back yet. Can I still use the whychat process after DV'ing and will one approach hinder or confuse the other already begun?

Thanks Remmie!

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You will probably be fine in using the HIPAA letters. Others have used this process with good results after sending DV letters to CA's.

The only time it will not work, and should not be used, is if you had paid the CA's.

Keep in mind that not "everything" will work "all of the time". But, using HIPAA gives you stronger backing in the complaint filing than you would have by sending DV's.

Are you planning on paying these accounts? Were these accounts supposed to be covered under insurance?

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They were supposed to be covered under insurance, but I'll never be able to prove this (my records are in storage for 2000, it will take some serious digging to locate). I cant afford to pay these right now, but may be able to in a about 90 or 120 days.

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They were supposed to be covered under insurance, but I'll never be able to prove this (my records are in storage for 2000, it will take some serious digging to locate). I cant afford to pay these right now, but may be able to in a about 90 or 120 days.

If they were supposed to be covered by insurance, contact the insurance company and request that they sent you "in writing" - If the accounts were paid, if not why (if the medical OC(s) failed to submit a claim, submitted a claim incorrectly etc)

You can also send a request (in writing) to the medical OC(s) for a "full" accounting of your accounts. They are required to submit a full accounting if it is requested.

If the insurance company backs your claim that the OC failed in their end to get paid, if the hospital shows, on that accounting, that they failed to file etc (or you can find that paperwork to back that) then you can send the HIPAA letter using [insert b ] Which basically says - you screwed up, you aren't getting paid, you live with it lol.

If you cannot get backing in proving that you had insurance and the medical OC screwed up, then you would probably have to pay. You would use the HIPAA letters with [insert a ]. But, you will have to send the full (correct, not CA inflated) amount due.

You can send your requests to the insurance and medical OC right away, but send the medical pre HIPAA disputes to the CRA's before sending the HIPAA letter to the OC.

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  • 1 month later...

I received a response from a DV about a medical bill. The bill shows such things as Abdomen Services/3 views, Urinalysis w/microscopy, IV Push Bolus Administration, Venipuncture, Morphine Sulfate Inj 10 mg, nerve stimulator. I was wondering if this was too much information for a CA (a group of lawyers) to have. The accounts have changed hands now since there was no luck with the original. They are offering a debt reduction of the bill I owe by 25% and the bill is $800 and i only get $795 in disability. There is a note in here that if I need charity assistance, please let them know. Of course since my income is fixed and very low compared to the bill I sent a letter requesting the form for charity assistance but I'm wondering if this is just too much information for them to have. There are no diagnosis references in the 4 pages of services.

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