First Notice from CA is not a "Dunning Notice", A violation or Not ???

Okay,
now I AM PI$$ED ! Got a packet in the mail yesterday!

I filed the FTC and on that same day the CA contact the OC (remember they NEVER told me who it was just a general "city of ___" )

The OC was an ambulance service for the City. and They sent the CA my PHI which includes the type of medication and aliment. Along with what the EMT hand wrote in details they sent an itemized bill.

2 problems:

1) Is this HIPPA violation for the OC to send this much detailed info to the CA? i thought they could only send name address and general info never specifics? - i can post the exact verbiage i used to ask for validation not once did i give permission to have my PHI! I called the OC and they said they only send name, address and amount nothing more.

2) The detailed bill was being sent to a wrong address - it's close to the old address but is missing a specific notation that would send it directly to apartment. They say i verified the address as correct years ago and even though my insurance had my new address that it was my responsibility to "know" there was a balance.... (how can i know if i never got the notice!)

3) The detailed bill has an issue date of early this month and a remittance slip with a due date that past a few days ago. So it looks like they are still sending notices to that old wrong address. / or someone doctored the bill to look like it.... I called the OC and they say any payment i send them they will send to the collection agency and i "cannot pay them" ... then why are they sending me bills requesting payments to that old/wrong address????

I think i might be heading down the HIPPA dispute route. for a few reasons:
1) I want/need proof the OC and CA have a business associate agreement to handle my PHI.
2) I Need to find out if this account was assigned or sold (if it's sold why is the OC still "billing me)
3) In the HIPPA program, if there are ways to side step the CA and pay the OC; the neg reporting can then be removed because no money is owed to the CA (i'm just now reading about HIPPA since i finally NOW know what debt this is for so bare with me if i'm wrong)

ANYONE with advice, please let me know... HIPPA experience or not... these people are driving me nuts. Talk about learning a whole bunch just dealing with this one single debt!

 

Also now the scumbags will tell the agency i complained to that they "already sent me the information i requested" making me look like a liar. WTF, i'll need an anger management class if this keeps up for sure!

 

Learning the HIPAA process now.

As for the Address confirmation, they said they spoke to me over the phone and that i verified the address. i highly doubt that should i ask for a copy of the recorded conversation?

Also just sadly found out office at work did not send the SAG complaint out!!! i still do have all document to show they previously violated now i may have to rewrite my complaint to include the HIPPA violations! - i'll hold off on that for now as i build leverage.

anyone know of the Why Chat method of HIPAA dispute, sadly typing HIPAA in the search box of this forum does not yield much =(

 

the apartment complex was massive. 300+ units.
spread out through several "buildings"

I had sent DVL to the CA twice asking for:
• Name, address and telephone number of the original creditor.
• Proof of a signed original agreement with the original creditor, along with
• Detailed billing from the original creditor that shows day # 1 this bill was generated to how you came to believe I legally owe you any amount you now claim, and
• A Signed contract with the original creditor that proves you have the right to collect this debt (under assignment or not) and under what terms to justify any amount of fee and/or interest charges above and beyond the principle amount allegedly owed.

First response was from them simply saying "you MUST call us" (even though i wrote contacting me by phone is an inconvenience) The second time they sent me a notice " we verified all information with the original creditor and it is all verified" (without again telling me WHO the Original creditor was or contact information for them.

I had (before learning about credit repair on here) disputed with the CRA BEFORE DVL to the CA. The CRA came back verified. I tried dispute it again with the CRA stating if the CA cannot send my valid proof within 60 days how can they "verify the debt", they refused to re-investigate stating it was verified already.

Thanks for the LINKS, most info leads to "why chats method" but that seems to be geared toward already paid medical debt. and it says to "follow this exactly" which cannot be done since i had to dispute and DVL the CA just to find out it was a Medical debt!

I posted on CB too already and Why chat is helping so i'll keep you guys updated.

 

Currently following Why Chats HIPAA program for this one.
http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

Initial CRA disputes have been sent and i'm awaiting a response as all 3 CRA's have received the info. Joined Eliminate ID CMS to track progress i'll keep this updated as i go

 

Update:
Through the program i was able to eliminate:
ALL 10 accounts i disputed with TU. (100% clear of Medical debt i believe)
4 out of 9 with EXP.
2 out of 5 with EQ.

However a downside was> out of the left over account that are still on there; i got alerted by both CMS i have running (EQ and Eliminate ID) that accounts are crossing over.
What i mean is lets say Account "A" was reporting on EXP only. Well because this program starts off with a "CRA dispute" first; it woke up the CA and they updated the reported date from 2008 to 2013 and then the CA seems to report it to EQ as well.

All in all i'm happy how this is going so far. I've only completed 10% of the process but i am totally impressed by the results. Especially now that my TU is completely free of ALL medical debt!!!

*understand i'm still learning the HIPAA dispute method and i am concerned that the OC will still send me billing and attempt to reassign this debt to another CA to start the process all over again. I am out of the SOL for medical collections but not out of the CRA SOL,,, hope that makes sense of my concerns*

 

Miacam, Not to sure what your last 2 post were relating too...
This situation is much further along that the first few posts... I'm using the HIPAA Method via Whychat.

Okay folks.
So Whychats method calls for a Dispute with the CRA using specific verbage about the HIPPA:
http://whychat.5u.com/hipaadisp.html
I sent that to all CRA's and got all medical bills removed from TU and a few from EXP and EQ.
Please follow all instructions EXACTLY from the main webpage or contact Whychat. (Do not just wing this on your own, read,read and re-read! you were warned)

The CA in regards to this post is NOW Verified through EXP since sending this dispute and had previously sent me PHI in a document detailing specific services and treatments received during an ambulance ride. They should NOT have access to this sort of information that is protected, they should only have access to my name, address and billing codes. no details! By verifying they are confirming they have a relationship with the OC who should have NEVER sent them my PHI.

SO i assume once EXP contacted them to verify the account. They verified and decided to mail me me a faxed bill from the OC to THEM.. and again.. this has a CURRENT due date in July... this is the second time they have sent me bills with a remittance slip for payment that has the OC's name on it not them and a CURRENT due date. No copy of that detailed medical record. just a bill this time. Which me that sure that they are wise to the fact that they screwed up by obtaining my medical records and sending that as proof...

I think i know the route to take with them via the Whychat method, i'll follow up with him at the CB forums. and updated you guys.

It looks like and the CA is just an assigned CA. They violated by obtaining PHI info even though it was before the HIPAA disputed. the HIPAA process should get this off soon. The OC and CA are in a position where a PFD would clear this up or face fines from the government...

(HIPAA violations do not net me any money personally)

 

Update:
4 more accounts deleted from Experian !!!
After my scores creeped at 632 they jumped up to a 652+

FINALLY gaining some traction.

 

MiaCam,
There are a few things that have worked. MOST of the latest bump up in scoring came from Medical debts that were investigated and dropped:
http://www.whychat.5u.com/GUIDE HIPAA PROGRAM.htm

The Rest i assume came from a CAP one card i got that i have been relentlessly been keeping under 30%, it's hard to say because my score never really moved for the first 6-7 months owning that card (i tried the "making multiple payments tricks" and such) but right at the time they increased my credit limit i began work on my Medical debt.

I've had that card for almost 1 year now... but honestly i think it's more of a fact that neg. items were dropping off than new credit being established. Even though most people would say the opposite of that or that it's a double effect of both happening. Just basing that on the fact that for 6 months my scores were stagnant with no new credit or new negs being added or removed. I lean more to the negatives being removed even thought they are years older, the Debt ratio increased in my favor when those balances disappeared . (make sense?)