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BugAboo7

Medical: on CR but dismissed in Court

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Medical company filed in court on 7/13/2011 (didn't even know about this, just saw it today) a disposition was filed on 2/7/2012 - dismissed by parties -

 

1>doesn't this mean the case was dismissed?

 

The charges from the medical company show up on my credit report under an attorney's name - I sent the attorney  letter of validation and they sent me a medical billing statement. (this was done prior to my knowledge about the above referenced court filing- sent letter 4 months ago)

 

2>Being that the company's claim was dismissed shouldn't this information be deleted from my credit report?

 

3>If so, is the attorney's office/medical provider in any violation?

 

4>Should I send disposition to CR's to have it removed from report?

 

Thanks a bunch

 

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Medical company filed in court on 7/13/2011 (didn't even know about this, just saw it today) a disposition was filed on 2/7/2012 - dismissed by parties -

 

1>doesn't this mean the case was dismissed?

 

The charges from the medical company show up on my credit report under an attorney's name - I sent the attorney  letter of validation and they sent me a medical billing statement. (this was done prior to my knowledge about the above referenced court filing- sent letter 4 months ago)

 

2>Being that the company's claim was dismissed shouldn't this information be deleted from my credit report?

 

3>If so, is the attorney's office/medical provider in any violation?

 

4>Should I send disposition to CR's to have it removed from report?

 

Thanks a bunch

 

1) yes the case was probably dismissed because they never got you served to appear.  It does NOT mean you don't owe the money.  It means they never got you served and/or never pursued the case.

 

2)  No.  Not being able to serve you or withdrawing the suit has NOTHING to do with reporting a valid debt.  If you got the care and did not pay then you owe the money and they can report it.

 

3)  No.  It is not a violation of HIPAA or the FCDPA to report medical debt on a credit report despite what you read on the internet from one nut case in particular.  If the attorney responded to you it is because they have a current business relationship with the medical provider which allows them to communicate with you regarding the debt.  Therefore it is not a violation of HIPAA to validate when you requested it.

 

4)  You can try and dispute it off but if the debt is valid it can be reported.  To understand HIPAA and credit reports read the following:

 

http://www.hhs.gov/o...osures/268.html

 

Does the HIPAA Privacy Rule prevent health plans and providers from using debt collection agencies? Does the Privacy Rule conflict with the Fair Debt Collection Practices Act?

 

Answer:

The Privacy Rule permits covered entities to continue to use the services of debt collection agencies. Debt collection is recognized as a payment activity within the “payment” definition. See the definition of “payment” at45 CFR 164.501. Through a business associate arrangement, the covered entity may engage a debt collection agency to perform this function on its behalf. Disclosures to collection agencies are governed by other provisions of the Privacy Rule, such as the business associate and minimum necessary requirements.

The Department is not aware of any conflict between the Privacy Rule and the Fair Debt Collection Practices Act. Where a use or disclosure of protected health information is necessary for the covered entity to fulfill a legal duty, the Privacy Rule would permit such use or disclosure as required by law.

 

http://www.hhs.gov/o...nesses/267.html

 

Does the HIPAA Privacy Rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

Answer:

 

No. The Privacy Rule’s definition of “payment” includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following protected health information about the individual: name and address; date of birth; social security number; payment history; and account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly, or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.

The Privacy Rule permits uses and disclosures by the covered entity or its business associate as may be required by the Fair Credit Reporting Act (FCRA) or other law. Therefore, the Department does not believe there is a conflict between the Privacy Rule and legal duties imposed on data furnishers by FCRA.

 

Does the HIPAA Privacy Rule permit a covered entity or its collection agency to communicate with parties other than the patient (e.g., spouses or guardians) regarding payment of a bill?

 

Answer:

 

Yes. The Privacy Rule permits a covered entity, or a business associate acting on behalf of a covered entity (e.g., acollection agency), to disclose protected health information as necessary to obtain payment for health care, and does not limit to whom such a disclosure may be made.

Therefore, a covered entity, or its business associate, may contact persons other than the individual as necessary to obtain payment for health care services. See 45 CFR 164.506© and the definition of “payment” at 45 CFR 164.501. However, the Privacy Rule requires a covered entity, or its business associate, to reasonably limit the amount of information disclosed for such purposes to the minimum necessary, as well as to abide by any reasonable requests for confidential communications and any agreed-to restrictions on the use or disclosure of protected health information. See 45 CFR 164.502( , 164.514(d), and 164.522.

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A dismissal does not mean that you do not owe the debt. Especially if the dismissal is without prejudice. It simply means that the parties did not want to pursue the case in court.

You could try to contest the listing but if it comes back as verified, there is not much you can do.

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Thanks for the feed back I greatly appreciate it...

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