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Medical colletions, Florida?


Pfalz24
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Haven't posted much here, and still suffering for the effects of a stroke (2002) Sorry if the post is a bit long

Under what part of the SOL do medical collection fall? The is from when I had a stroke in 2002. The collector is Riddle & associates. Riddle claims none payment from July 2002. Apparently The bill is from a physician, who is an independent contractor.

The hospital admission forms state, "Note: All physicians, and surgeons, furnishing services to the patient , including Radiologists,Pathologists, Anesthesiologists, and the like, are independent contractors with the patient and are not employees or agents of the Hospital. With the exception of physician employed by or contracted to Lakeland Regional Medical Center, The hospital billing does not include charges for their interpretations or services."

I have three accounts showing on my credit report, This appearers to one of them. since one of the reporting CA's is MediClear (NCO).

So do this account's fall under the 4 yr. Sol or 5yr

Heres a link to the Florida statutes:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC11.HTM

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G'day Mate...

I had a similar situation recently. The experts can chime in here if I am incorrect, but I belive those would fall under 4 year in Florida.

As for Medclr(NCO), I would DV them both asking for validation. Be sure to request they "Provide the medical facilities' agreement with MedClr for HIPAA purposes".....you will soon get immediate action. One because they don't have it and 2 because Medclr does not exist in the State of Florida. Check with the Division of Corporations and you will find that Medclr is not registered. They changed the name to MedclrII, Inc but then also had to change that name to "Marlin Holdings Marketing LLC".

If NCO tells you that Medclr owns the account and they are the collectors for it, they have just admitted a violation of among others "false and misleading information". If they are CA on the account, that is who has to be listed.....

So DV them...I did and TL's were deleted before I even received the green card back.

Hope that helps...

The Aussie

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Hi,

I challenged two medical collections in Florida, and had both removed from my reports by inserting this reference with my dispute letter:

Please be advised that Federal HIPAA Laws and the Florida Medical Privacy Act govern the reporting of medical information. I ask that these Federal and State laws be strictly adhered to regarding my credit report, and any reported information that may have been provided to Equifax that is not in full compliance with these statutes be deleted from my credit report.

I decided not to cite chapter and verse of each law in my initial requests, and obtained the intended results. Good luck!

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Hi,

I challenged two medical collections in Florida, and had both removed from my reports by inserting this reference with my dispute letter:

Please be advised that Federal HIPAA Laws and the Florida Medical Privacy Act govern the reporting of medical information. I ask that these Federal and State laws be strictly adhered to regarding my credit report, and any reported information that may have been provided to Equifax that is not in full compliance with these statutes be deleted from my credit report.

I decided not to cite chapter and verse of each law in my initial requests, and obtained the intended results. Good luck!

Having also delt with NCO on medical debt in Florida, please add directly above your signed name the following.

This is not to be taken as pernission to access my medical records.

They will use your DV as permission to get your records if you don't do this. If they can't get your records, they can't valadate and you will see them delete and go away It may take more than one letter but it works.

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Good info thanks. Right now I'm trying to deal with Riddle & Associates. I understand that they like to sue. Sent them a DV, still trying to find out what they have. They claim to have sent me a letter, never received one from them. Just a phone call, asked for a file number. which i do not have. I would not give them any information, finally I hung up. Found their address on the web and sent the DV. So trying to find out if the 4 yr or 5yr SOL applies.

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See Fla. Stat.456.057(5)(a)

Also UNITED STATES, ex rel. SCOTT POGUE Plaintiffs, v. DIABETES TREATMENT CENTERS OF AMERICA, et al. Defendants.

Civil No. 99-3298, (related to 01-MS-50), (MDL), (RCL)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

2004 U.S. Dist. LEXIS 21830 May 17, 2004, Decided

Thanks E., I wasn't aware of something called the "Florida Medical Privacy Act". Usually these type of things are titled as such in the Statute.

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I Found these, and they appear to relevant to my case, emergency services contracted out by the hospital, the hospital bill was paid by the state and a charity group ( don't remember the name) that works with the hospital and state. I had no insurance, didn't Social Security until 2 1/2 year later. Which wiped out my savings trying to survive.

395.1041 Access to emergency services and care.--

(d)1. Every hospital shall ensure the provision of services within the service capability of the hospital, at all times, either directly or indirectly through an arrangement with another hospital, through an arrangement with one or more physicians, or as otherwise made through prior arrangements. A hospital may enter into an agreement with another hospital for purposes of meeting its service capability requirement, and appropriate compensation or other reasonable conditions may be negotiated for these backup services.

4(f) In no event shall the provision of emergency services and care, the acceptance of a medically necessary transfer, or the return of a patient pursuant to paragraph (e) be based upon, or affected by, the person's race, ethnicity, religion, national origin, citizenship, age, sex, preexisting medical condition, physical or mental handicap, insurance status, economic status, or ability to pay for medical services, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental handicap is medically significant to the provision of appropriate medical care to the patient.

Link to Florida 395

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0395/SEC1041.HTM&Title=-%3E2006-%3ECh0395-%3ESection%201041#0395.1041

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I'm not in Florida, and have not confirmed this information so do not rely on it.

I did have a discussion with an FL attorney who won a substantial award against a hospital who sent an account to a CA who subsequently reported it to the CRA's.

Because FL law is more restrictive than HIPAA, it trumps it.

According to him:

The FL law applies to a third party and you must give consent to the third party to report. The consent to the medical provider does not confer to the third party.

Therefore, if a medical provider reports to a CA and that CA reports to the CRA without your consent, it is a violation of FL law and the FDCPA.

You might want to seek your own FL counsel.

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I'm not in Florida, and have not confirmed this information so do not rely on it.

I did have a discussion with an FL attorney who won a substantial award against a hospital who sent an account to a CA who subsequently reported it to the CRA's.

Because FL law is more restrictive than HIPAA, it trumps it.

According to him:

The FL law applies to a third party and you must give consent to the third party to report. The consent to the medical provider does not confer to the third party.

Therefore, if a medical provider reports to a CA and that CA reports to the CRA without your consent, it is a violation of FL law and the FDCPA.

You might want to seek your own FL counsel.

Is this your card?

395.3025 F.S. (7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient's representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient. A general authorization for the release of medical information is not sufficient for this purpose. The content of such patient treatment record is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

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