hailmary58 Posted December 14, 2020 Report Share Posted December 14, 2020 Hello. I have a medical debt that has gone to collections. I wrote to the collections company in late February and asked for validation of the debt. They sent back all of my medical records from the emergency surgery. Is this a violation of HIPAA? I've read that it is, but I've also read that if you ask them for validation, it's ok. Also, I went to the HIPAA site and looked into starting a claim with them. I saw that you are supposed to start the claim within 180 days of the event. I did not because I wasn't aware that it could be a violation until last night. Not sure how to proceed from here. Does anyone know or can anyone point me in the right direction for more information?? Thanks in advance! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 15, 2020 Report Share Posted December 15, 2020 3 hours ago, hailmary58 said: They sent back all of my medical records from the emergency surgery. Is this a violation of HIPAA? No it is not a violation of HIPAA. If they have a valid business relationship with the provider then they can request the records necessary to validate your debt when you do DV. 3 hours ago, hailmary58 said: Does anyone know or can anyone point me in the right direction for more information?? 37 years in the medical field. It isn't a violation. The reason old medical debts get deleted from credit reports is because the CA no longer has a business relationship with the provider and cannot validate the debt so the bureaus delete when they don't respond to a dispute. You asked for DV and they more than responded. That is all they are required to do. Even if it was a HIPAA violation there is no private right of action under HIPAA. All you can do is submit a claim to the DHS and they investigate and if there is an egregious enough violation fines can be issued. Quote Link to comment Share on other sites More sharing options...
hailmary58 Posted December 15, 2020 Author Report Share Posted December 15, 2020 Thanks for your response! Quote Link to comment Share on other sites More sharing options...
hailmary58 Posted December 15, 2020 Author Report Share Posted December 15, 2020 Would like to hear from other members about this if any one else cares to respond. Thanks, again. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted December 15, 2020 Report Share Posted December 15, 2020 I think you will get the same response and most members will defer to Clydesmom on this issue because she is the member that knows the most about HIPAA. 1 Quote Link to comment Share on other sites More sharing options...
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