hipsociety Posted March 15, 2007 Report Posted March 15, 2007 Is it against HIPAA laws to list another persons hospital payments and past due amounts on my credit report?I checked my credit report, and noticed medical bills on my report that are not mine. I requested validation and 45 days later...nothing. I'm considering sending a second validation request prior to an intent to sue letter; however, I would like to know if I can include a violation of HIPAA in the 2nd letter, and if so, exactly what law are they violating?
hipsociety Posted March 15, 2007 Author Report Posted March 15, 2007 I threw some kind of punch, but don't know if it was the ole' 1, 2.Could you elaborate more?
dpgirl Posted March 15, 2007 Report Posted March 15, 2007 I think the person whose HIPAA rights they are actually violating is the person who is the real patient, not you, however you could still have some leverage with the medical provider. In the interest of getting this removed from your report quickly you may want to contact the actual medical provider, if you can decipher that from your report, and tell them what is happening. They can pull the account from the CA as the CA is opening them up to some real problems from the real patient and maybe from you as they are now involved in the false information that is harming your credit. Scare them. HIPAA fines are huge. I am assuming it is a CA reporting and they are obviously violating all sorts of FCRA and FDCPA laws.
LadynRed Posted March 15, 2007 Report Posted March 15, 2007 You, as an individual have no private right of action for HIPAA violations if threre really is one. The person who those accounts REALLY belong to is the one who's been 'violated' - but it depends on when these debts were listed, and EXACTLY what information is being reported.
hipsociety Posted March 16, 2007 Author Report Posted March 16, 2007 I agree, they are the one's violated, but the collection agency won't respond to my letters, and the CRA's verified. I requested the method of verification...still waiting. If I'm reporting the accounts as "not mine" and the collection agency sends me proof, they will be sending me another persons personal information. I'm not sure I want to receive it, thereby accepting responsibility for it. How can I get it removed? It looks like I have to go to court...what do you think?
dpgirl Posted March 16, 2007 Report Posted March 16, 2007 You are not accepting responsibility for anything if the CA sends you someone else information. You have the right to make them prove this debt is yours by sending a DV. If on the contrary they actually prove it's not by sending you someone elses info IT IS NOT YOUR FAULT!! It will simply prove your case.I still say that you may get this done quicker by calling the medical provider and letting them know what is going on so they can contact the CA and get this recalled from them. The stupid CA is not helping the OC anyway by trying to collect from the wrong person.DV the CA and contact the OC.Lady in Red is correct that there is no private action an individual can take regarding HIPAA but one can file a complaint about a providers actions and that provider can be fined. I hope you can resolve this quickly. Let us know.
June Posted March 16, 2007 Report Posted March 16, 2007 I agree, they are the one's violated, but the collection agency won't respond to my letters, and the CRA's verified. I requested the method of verification...still waiting.You can Dispute with the CRAs, again. You have "new information." Send the CRAs copies of your letters and the CMRRRs showing that you had requested DV from the CA. The CA's lack of response to your DV Letters may be considered as "new information" for the CRAs to re-investigate your claim.
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