Can you sue for HIPAA violations??

Discussion in 'Credit Talk' started by james06, Aug 4, 2008.

  1. james06

    james06 Member

    Hello everyone,

    I'm back at work trying to fix my credit and my fiance's. She had a medical bill go to collections we never got bill from hospital just straight to collections, disputed it came back verified. Sent DV Letter no response. Sent a letter found on creditboards.com and from whychat's hippa website. This check was sent to hospital with restrictive endorsement on check they cashed it and continue to report this on credit report is this legal? Or did I misread info online? Thanks in advance btw it's the state of VA

    Attached letter:

    Dear Sir/Madam;

    This letter is in reference to account # 0 for services provided to myself her name.
    SSN:

    In regard to the bill on this account in the amount of $ 435
    Enclosed please find my remittance of ($435) for payment in full of this account.

    Please note, my remittance is payable ONLY to (Sentara) and may not be signed over or transferred to any third party collection agency, as this would constitute an additional violation of HIPAA and State Privacy Act rules .

    Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies

    Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq)and Virginia's Consumer Credit Statutes, you may be held liable for the actions of Credit Control Corp.

    The HIPAA and Virginia's Medical Privacy Statutes are in effect in this situation even though the health care services you provided may have been prior to enactment .

    The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual.
    Your furnishing of my account information to (Credit Control Corp), is not in compliance with HIPAA,or (Virginia's Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) is a clear violation of 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.

    You are required under the FCRA and FACTA to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and State privacy regulations from doing so on a PAID account, as there is no longer any permitted business purpose.

    Therefore I am requesting you promptly rescind all such account information furnished to (Credit Control Corp) and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports.

    This simple procedure to request the deletion of ALL reference to this account from the records of ( Credit Control Corp) and to require them to have this account information deleted in its entirety from my credit reports will resolve this problem completely.
    Please respond, in writing within 10 days that you are processing this request.

    I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request.

    I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E &O insurance carrier.
     
  2. wenker

    wenker Active Member

    I may be wrong...

    Did you not say you waived your rights?
    I don't think you can take that back.
     
  3. apexcrsrv

    apexcrsrv Well-Known Member

    There is no private cause of action under HIPPA.
     
  4. james06

    james06 Member

    I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E &O insurance carrier.

    Just for teh single purpose as stated above. Yeah Apex I been googling everything to try find out and looks like you can only file complaints on HIPAA Violations I thought since they cashed restircted endorsement check etc I had leg to stand on.
     

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