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Medical Bills in Collections - Need help please


SomeBlue2
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So I'm in the process of cleaning up my credit and have come across 2 collections, both for medical bills -which I have NEVER seen a bill for- not from the original medical office OR ever from either collection agency.  So, I was surprised to find anything in collections in the first place.  One is under $200 and the other is now up to $425 (originally $267.)  

Needless to say they are both well past the 4 year SOL, one is dated 8/08 and the other 1/09.

 

Maybe this is basic knowledge, but can I have those removed from my credit report?  And if so, how?

 

Thanks!

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So I'm in the process of cleaning up my credit and have come across 2 collections, both for medical bills -which I have NEVER seen a bill for- not from the original medical office OR ever from either collection agency.  So, I was surprised to find anything in collections in the first place.  One is under $200 and the other is now up to $425 (originally $267.)  

Needless to say they are both well past the 4 year SOL, one is dated 8/08 and the other 1/09.

 

Maybe this is basic knowledge, but can I have those removed from my credit report?  And if so, how?

 

Thanks!

 

First you need to find out if they are your bills.  Contact the provider and ask what the bills are for and request copies.  It could be that insurance did not pay a claim or they sent bills to a wrong address.  It could also be that they are not your bills and they are reported inaccurately.

 

The SOL for lawsuits has nothing to do with reporting.  Medical debt can be reported for 7 years past the date of service and it is legal.  It is NOT a HIPAA violation to report medical debt as some people will claim.  

 

Find out what the charges are for.  If you do owe them then you pay the provider and request that they delete the trade line as part of the agreement.  Some providers have specific contracts with their collection agencies not to do this and if yours does then and only then do you pay the CA with a PFD settlement.  DO NOT under any circumstance pay that inflated amount on the second charge as they are illegally adding interest to that amount owed and you are not contractually obligated to pay that.  

 

There is another option that MIGHT work but is not guaranteed and has nothing to do with HIPAA violations for reporting it.  In order for the collection agency to legally report the debt they must have a current business relationship with the provider under HIPAA to report.  You could dispute the debt with the CA in writing and if they no longer have a contract with the provider they cannot respond and they would be deleted that way.  However, most providers rarely switch CAs and this does not always work.

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I have called OC Medical providers before and offered PFD. 90% of the time, it was successful.

 

The premise behind a HIPAA dispute with the CA is predicated on paying the OC first without ever having contacted the CA.  Once the OC cashes the check, then there is no need for a relationship with the CA.  There is a guy on another credit site that has a step by step process that has worked for many folks.  Whether or not Clydesmom agrees with that process is irrelevant to your goal.  If it works, it works and the CA is off your report.

 

Many times folks trying to correct their CR's by stating that they don't "recall" that debt (even when they do) and sometimes the creditor doesn't respond and a baddie disappears.

 

As always, YMMV.

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  • 2 weeks later...

A PFD should be used ONLY as a last resort IF everything else has failed.  Totally agree about the guy on another site who can help get your collections deleted.

 

My friend got 4 medical collections DELETED by using the program and it is totally free.  If you need the website PM me.

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A PFD should be used ONLY as a last resort IF everything else has failed.  Totally agree about the guy on another site who can help get your collections deleted.

 

My friend got 4 medical collections DELETED by using the program and it is totally free.  If you need the website PM me.

 

That "method" works with old medical debt AND the collection agency no longer has a business relationship with the provider.  There is absolutely NO basis to it that it is a HIPAA violation.  You are free to try it to remove debt but it is not based in HIPAA violations and is nothing more than a medical version of the nutcase letter.  

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First...realize you are welcome to name "that other site". We know there are differing views on how to deal with debt problems and are open to suggestion.

Second...realize that @Clydesmom is correct. The technique referred to is a "nutcase" approach and while it may work in some cases, in other cases you might still get sued.

Third...as @Clydesmom suggested...first find out if the bills are really yours.

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That "method" works with old medical debt AND the collection agency no longer has a business relationship with the provider.  There is absolutely NO basis to it that it is a HIPAA violation.  You are free to try it to remove debt but it is not based in HIPAA violations and is nothing more than a medical version of the nutcase letter.  

That's strange coming from you considering that you tried Why Chat's program and got medical collections deleted. Maybe its just because you were banned from the other forum for constantly attacking Why Chat and his program.

 

He has helped thousands of people get medical accounts DELETED using his program.

 

The name of the website is creditboards.com.  Go to medical billing and medical collections and follow his guide to the letter.  Do NOT omit any steps.

 

 

Good luck.

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That's strange coming from you considering that you tried Why Chat's program and got medical collections deleted. 

 

Umm actually it did not get deleted permanently.  It resurfaced and I had to wait for it to drop off.  

 

WhyChat claims posting medical debt to a CR is a HIPAA violation.  They got mad because I routinely posted the links from the DHS showing it is NOT.  Here they are for you to read:

 

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.

 

WhyChat makes the claim that if you send a money order stamped payable to the provider only that they have to accept it and then you can have the CA account removed for violating HIPAA.   That is NOT true at all.  Many providers simply return those money orders to the patient stating that due to the endorsement it is not a valid payment.  Some providers contract with a CA where they are required by contract to turn the payment over to the CA no matter what.  They WhyChat program won't stop that either.

 

It works NOT because it is a HIPAA violation or that silly endorsement.  It works when there is no business relationship and by the FCRA laws if the CA no longer has the account they cannot validate and that gets it deleted.  NOT some magic method, not a HIPAA violation.  It is nothing more than the FCRA laws at work.  Some smaller providers may delete in fear of the HIPAA threat but the larger ones know it is BS and don't even blink.  They are free to take the money and update the TL as paid and closed and there is NOTHING HIPAA can do about it nor the WhyChat nonsense either.   Have you not noticed the threads where it doesn't work and he simply stops responding or jumps down the poster's throat for not following all the steps?  It is always someone else's fault and never his.  Funny how that works.

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I NEVER read anything on Creditboards where Why Chat says it's a HIPAA violation to report medical debt to a CR.

 

These forums are here to help people with credit rebuilding which may include deletion of collections on a CR.

 

Why not let people decide on their own if they want to try his program. ?

 

I see a lot of success with people who have tried Why Chat's guide and have had medical collections deleted from their reports.

 

It's sad that you can't or won't admit that the program works for a lot of people.

 

Have a good night.

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You don't have to threaten anything, in order to pay the doctor or hospital directly. Just find (or get, by asking) a copy of the original bill, and send a check, along with the patient/case number, to the practice office.

 

If they cash the check, send a letter, CMRRR, to the CA, telling them that the bill has been paid and that they must stop reporting. Give them 30 days for it to fall off your report.

 

If it doesn't, send a dispute letter, again, CMRRR, to each CRA who is showing that debt. If it falls off, great. If it doesn't, and comes back verified, you can now sue the CA for FCRA violations. A NACA attorney should be happy to take a case like that on contingency.

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Why not let people decide on their own if they want to try his program. ?

 

Because there are much faster ways that are not predicated on a lie to get the same thing accomplished.  You do not need a multi-step process to get some things removed from a credit report and no matter what site you read there is no magic method to improve credit.  People don't get into debt over night and they aren't going to get out over night either.

 

I NEVER read anything on Creditboards where Why Chat says it's a HIPAA violation to report medical debt to a CR.

 

Then you have not read the letters he advises to send which directly threaten the provider that it is a HIPAA violation to report the debt on a credit report.  The other lie he perpetuates is that the reason medical debt is on a credit report is because of data mining by junk debt buyers when there is absolutely NO evidence that this happens at all.  With the HITEC Act requiring electronic medical record security this isn't happening and he knows it but continues to maintain the reason  your doctor reports the debt is not because you were sent to collections but because of data mining.

 

He also ignores the fact that threatening a provider with a bogus HIPAA violation by a patient who didn't pay their bill can end up getting a patient discharged from the practice leaving them unable to find care.  That is a risk that may not be worth it.

 

It's sad that you can't or won't admit that the program works for a lot of people.

 

Then you ignored where I said in this thread:

That "method" works with old medical debt AND the collection agency no longer has a business relationship with the provider.  AND

 

It works NOT because it is a HIPAA violation or that silly endorsement.  It works when there is no business relationship and by the FCRA laws if the CA no longer has the account they cannot validate and that gets it deleted.  NOT some magic method, not a HIPAA violation.  It is nothing more than the FCRA laws at work.  

 

I NEVER said it doesn't work.  I said IF it works it is because of the FCRA laws and not a HIPAA violation or some magical method that is guaranteed to remove medical debt.  Funny how you didn't challenge willingtocope when she said the exact same thing I did:  there is no legal basis to the method and it is nothing more than the medical nutcase letter.  It MIGHT work but there is no guarantee and you cannot force a provider to remove a trade line claiming it is a HIPAA violation.  No matter what you want to claim or believe.

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The reason I did not "challenge"  willingtocope is because she does NOT cut down Why Chat's program every chance she gets.

 

You have been criticizing and attacking him for years and what has it gotten you ?  Banned from one of the best credit forums out there.

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You have been criticizing and attacking him for years and what has it gotten you ?  Banned from one of the best credit forums out there.

 

Years?  Now you are exaggerating considering I found that site about 6 months ago.  Getting banned from there is the equivalent of Jeffrey Dahmer telling you he won't invite you to dinner.  I posted there about once a month and didn't even have a clue that I was banned until you mentioned it.  Not a huge loss for me it isn't as though I respect the lies they perpetuate.  Best forum out there?  HARDLY.  The only useful tool on it is the credit pulls database.  The rest is nothing more than deadbeats who ran up huge credit card bills and are now scamming to start amassing new debt.  Not difficult to see why you like the forum though.  

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