Medical Bills Statute of Limitations

[betam4x]

Hi everyone, I have an old medical bill in TN on my credit report. I tried to call and get it removed because it is duplicated and they to remove and is continuing to try and collect on it. When i told her the statute of limitations has expired she says there is no statute of limitations on medical bills, is this true?

[Desert Bloom]

Medical Bills are generally considerd 'goods and services' and as such follow UCC guidelines -- that means the SOL is 4 years. However, check it out in TN.

Don't deal with a CA on medical bills go to this site first -- I followed this advice and got my medical collection removed -- http://whychat.5u.com/hipltr.html

[betam4x]

Medical Bills are generally considerd 'goods and services' and as such follow UCC guidelines -- that means the SOL is 4 years. However, check it out in TN.

Don't deal with a CA on medical bills go to this site first -- I followed this advice and got my medical collection removed -- http://whychat.5u.com/hipltr.html

Actually, i'm in the final stages before filing suit against West Asset Management. They had a mistake on my credit report, i called to get it corrected, I RECORDED the phone call. The lady tried to claim that there was no SOL on medical bills. If that is false then that is a violation of the FDCPA. I am trying to research, but can't find anything on this subject, which means it must be false. I am making up an ITS letter tonight, and if they don't comply with my demands I am filing suit.

[jetscarbie]

Maybe before you sue, you should try to send the CRA's a CMRRR dispute letter. See if it gets deleted.

You should also find out if your state is a one party or two party state. Your recoreded conv. could be illegal.

[betam4x]

I sent a CMRR DV and they said it was untimely. My state is a one party state. I've already researched this long ago. The lady stated they were recording too. She also didn't cite the minimiranda prior to demanding payment. However I called them, not the other way around.

[Hellard]

Medical Bills are generally considerd 'goods and services' and as such follow UCC guidelines -- that means the SOL is 4 years. However, check it out in TN.

Don't deal with a CA on medical bills go to this site first -- I followed this advice and got my medical collection removed -- http://whychat.5u.com/hipltr.html

i checked out the website but its confusing as to what letter and when to send and to whom. My husband has about 8 different med acct with one CA. I already sent a DV to CA and they sent copies of everything and verified with all CRA's...so what would i use from whychat?

[betam4x]

i checked out the website but its confusing as to what letter and when to send and to whom. My husband has about 8 different med acct with one CA. I already sent a DV to CA and they sent copies of everything and verified with all CRA's...so what would i use from whychat?

Your best bet would probably be to settle out. As for me, These accounts are over 6 years old, however i feel like kicking the CAs a little, especially after the way that nasty little bitch from WAM talked to me on the phone. Too bad the call was recorded! I've already faxed my ITS to them.

[isislc]

Something you may want to consider. If the hospital that the services were rendered at is a County Hospital that derives most of its operating revenue from the state, then the woman was correct, there is no SOL on this debt. County hospitals, VAs are exempt from SOL because they are governmentally funded. The same goes if the medical debt was accrued while on government assistance/insurance. No SOL on these debts.

[betam4x]

Something you may want to consider. If the hospital that the services were rendered at is a County Hospital that derives most of its operating revenue from the state, then the woman was correct, there is no SOL on this debt. County hospitals, VAs are exempt from SOL because they are governmentally funded. The same goes if the medical debt was accrued while on government assistance/insurance. No SOL on these debts.

This isn't a county hospital. This hospital appears to be a for-profit organization

[Hellard]

you think i can get a PFD if i offer less than the full amount due on the med accounts?

[Desert Bloom]

Even though you have already dealt with the CA -- in the future only deal with the OC!!!!!! Every bit of good advice on this website says NEVER deal with the CA!

You will have to pay what you owe to the OC --- but if it is a medical bill, once it is paid in full to the OC it is against the law to continue to report it and they must pull your file back from the CA.

If the CA continues to report it after you prove it has been paid to the OC then the CA is reporting inaccurate information and it is a violation of FDCPA or FCRA or something that you can sue on.

It is also a violation of HIPAA because the bill is paid and they have no right to continue to report your PHI (priveate health information).

[Plastic97]

I don't know what your laws are in your state but I had an old medical bill that just recently was over 7 years old and it dropped off my reports. I really didn't have to deal with them at all. They tried to collect from me for maybe 2 to 3 years then they stopped so I just kept it that way. Now remember if you attempted to pay on it in recent years that restarts the SOL. Good luck and don't be frightened of the CA's some people on here seem threatened by them but in the end their not much different than the OC's.

[Hellard]

I was told by OC that i need to deal with CA on accounts already sent to CA..i was able to make payments on some recent accounts that havent gone to CA.

[lovebug5]

You will have to pay what you owe to the OC --- but if it is a medical bill, once it is paid in full to the OC it is against the law to continue to report it and they must pull your file back from the CA.

I know this thread is a few months old, but I'm interested in the above quote and would love further clarification on it...Are you referring specifically to this?

"...Public Law 104-191 ("HIPAA") since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due...."

[LeslieR]

In theory, the whychat method makes sense to me - but the website is poorly organized and does not make clear the order in which you are to send the letters.

The long letter found here: http://whychat.5u.com/hipltr.html

is supposedly only to be sent AFTER a bill has been paid but is still reporting.

But at the bottom of the page, it refers to "inserts" which presumably go in the envelope with that letter. One of the inserts is supposed to accompany the payment ("enclosed is my payment..."

So I don't get it - do you send the check and the insert WITH the long Hippa letter? And do you send that letter to the OC AFTER disputing with the CA?

I wish someone could write a succinct summary of the whychat method that is more clear than that site.

[Desert Bloom]

I used the Why Chat letter with some changes -- basically inserting a sympathetic (truthful) reason for why I did not pay the medical debt. My medical collections were 5+ years old.

I enclosed a personal check (not recommended by Why Chat, but I wanted to know if it was deposited and therefore paid) and waited for it to clear my bank account. It took a few weeks with some OC's. In one case I paid the interest that had accrued, in another I paid only the original amount due.

Once the check cleared my bank account I checked my CRs and then wrote nice follow-up letters asking the OC to pull my file back from the CAs and stop reporting to the CRAs because the account was paid in fulll and they no longer had a permissablle purpose/reason to report my personal medical info to anyone (HIPAA), including having the file at the CA.

It took about 6 weeks from 1st letter with both -- but both of my medical CA's dropped off. In one case I got a letter from the CA with a copy of the form sent to the CRA requesting deletion.

I used the same process with 4 medical collections that my sister had, and 2 that a close friend of mine had -- all were removed from their CR's.

I am now working on 2 medical collections for my daughter.

I think the medical OCs just want to get paid and if you maintain a cordial tone they are willing to pull your account back from the CA once they have been paid. The OC is not looking to have a problem with HIPAA & FCRA violations.

In some states the OC is required to pay the CA even if the OC has received payment -- but that is the OC's problem, not yours.

Also remember that payment of a medical bill to a CA cannot be deducted from your taxes -- but if you pay the OC it is an acceptable tax deduction, no matter how old the debt is.

[LeslieR]

I used the Why Chat letter with some changes -- basically inserting a sympathetic (truthful) reason for why I did not pay the medical debt. My medical collections were 5+ years old.

I enclosed a personal check (not recommended by Why Chat, but I wanted to know if it was deposited and therefore paid) and waited for it to clear my bank account. It took a few weeks with some OC's. In one case I paid the interest that had accrued, in another I paid only the original amount due.

Once the check cleared my bank account I checked my CRs and then wrote nice follow-up letters asking the OC to pull my file back from the CAs and stop reporting to the CRAs because the account was paid in fulll and they no longer had a permissablle purpose/reason to report my personal medical info to anyone (HIPAA), including having the file at the CA.

It took about 6 weeks from 1st letter with both -- but both of my medical CA's dropped off. In one case I got a letter from the CA with a copy of the form sent to the CRA requesting deletion.

I used the same process with 4 medical collections that my sister had, and 2 that a close friend of mine had -- all were removed from their CR's.

I am now working on 2 medical collections for my daughter.

I think the medical OCs just want to get paid and if you maintain a cordial tone they are willing to pull your account back from the CA once they have been paid. The OC is not looking to have a problem with HIPAA & FCRA violations.

In some states the OC is required to pay the CA even if the OC has received payment -- but that is the OC's problem, not yours.

Also remember that payment of a medical bill to a CA cannot be deducted from your taxes -- but if you pay the OC it is an acceptable tax deduction, no matter how old the debt is.

DB, Thank you so much. This is extremely helpful. I'm not that dense, but I just have a heck of a time figuring the whole whychat protocol out. Thanks again.

[betam4x]

Dunno, but i racked up 14k on violations against the company above, they folded like a deck of cards. I REALLY should have sued.

[bluedawn]

I sent a CMRR DV and they said it was untimely. My state is a one party state. I've already researched this long ago. The lady stated they were recording too. She also didn't cite the minimiranda prior to demanding payment. However I called them, not the other way around.

Yea they don't have to read the MM if you call in. Also there are only a small handful of states that require the Mini Miranda to be read at all.

I'd like to know how this goes. I disputed a trade line with same said company and next thing I know they added a $3k bill from some hospital in Texas (never been to Texas). Good luck.

[PrincessAmy]

Hi, I just found this thread....

Quick question - I paid a recent medical bill to a CA - on time, within a week of their original statement being sent to me,...I forgot to pay the full balance with the hospital (a private hospital).

It's being reported as a Paid Collection account. Is there any letter suggestions that I can send to them to get them to remove it from the CRA's?