now that hippa is in effect does that mean that cra's cannot include medical charge-offs (paid or open) on your credit reports--I am confused. What exactly does hippa do or change? thanks for any posts in regard to this
They can report the account, just not the provider (Actually both HIPPA & FACTA combined) So if DSDA Collections is collecting for Hospital If you obtain a report for yourself, it should look something like DSDA Collections > COLLECTION ACCOUNT < $25 $0 > PAID COLLECTION < MED HOSPITAL But if someone other than you pulls the report, all that would show up on the client line is MED; then they have not disclosed the medical information in the report. Each CRA will have their own method of complying, but this is an example, BTW some of the CRA's are already complying with this aspect of FACTA, although I don't think its mandatory until December, its hard to keep track when the effective dates for sections are scattered.
Thanks for the explanation Jam. So if it says: (examples) N. West Kidney Disease Ctr Birmingham Aids Clinic New York Infertility Group Indianapolis Migraine Research Ctr. South Provo Oncology Hospice All of that would be a violation to list that in the CR? Now this is whether or not the account has been paid? If not paid, I understand that they are suppose to be just listing it as "Medical". Right? But under any circumstance can an OC or CA list the specific like I stated in the examples? Further, if a CA has an unpaid or disputed account that is placed with them from the OC that states specifically what they are, is that too a violation? (Earlier I thought yes, but after I researched CNet last night, it looks to me like they can share that knowledge.) If it's not a violation, how is my privacy protected now that the CA knows what I am or have been being treated for?
As long as there is a permissible business purpose(owing a bill) a CA with a business partner agreement with the OC under the HIPAA guidelines is allowed to have your private medical information. If you DO NOT owe the bill, or if it is NOT your account, or if it should have been paid by your insurance if it had been properly billed, or if you want to pay the bill, then go to my website and look for the "Letter to Health Care Provider (HIPAA)" and follow the directions EXACTLY.
Thank you for your reply Why Chat! You recommended your letter to me the other day but I had those remaining questions I needed clarified. I do have a few that I want to pay off that are hospital co-pays. I have saved your letter and instructions to my hard-drive. Usually one pays the CA vs the OC but in the instance of a medical collection and your letter, I need to pay the OC instead correct? Then dispute with the CRA's and because the bill is now paid, the OC can no longer report to the CRA and the CA also can't validate it (since there is no longer any cause to report it)? Just want to make sure I'm understanding all of this correctly.
You are correct. The key is NOT to pay the CA, as if you do, THEY can report it as "paid collection". For them to be able to report it as a "paid collection" when you pay the OC directly, the OC would have to violate the HIPAA privacy rules and tell them it was paid.
when did HIPAA go into effect? your letter states: "In addition, the HIPAA is in effect in this situation even though the health care services you provided were prior to enactment . " thanks!
Re: Re: HIPPA and CRA ??? Question? The HIPAA rules went into effect in April 2003,after that date all health care providers had to have you sign a waiver. I designed the HIPAA letter for services provided prior to April 2003, as I do not believe it will work if you had signed the HIPAA release form.
Re: Re: Re: HIPPA and CRA ??? Question? What they don't know, won't hurt them. IOW, try it. You have nothing to lose that's for sure. And I can name a couple of physician's offices that did NOT have me sign the HIPAA form even though it was after April 2004.
Re: HIPAA and CRA ??? Question? Why Chat - Thank you! Thank you! Thank you! I have a thought on this that I'd like to run by you. If I have a "paid collection" posted by a CA that was paid (since I didn't have any CNet sense yet), if I dispute it with the CA, because of HIPAA and because it's been paid, would they be able to validate it? I'm thinking that if I ask for validation with a C&D notice on this paid debt, they will either find it not worth their time or be barred from validation due to HIPAA. Then I can dispute with CRA's to get it dropped. Could that potentially work?
Re: Re: Re: HIPPA and CRA ??? Question? im betting i signed a hipaa release form. it was at a hospital ( i think ) i guess i could try contacting them to see if I signed one at the time.
I wouldn't ask. I'd just try it and see what happens. Even if you signed it, they might not be well versed enough to do the "correct" thing.
Re: HIPAA and CRA ??? Question? No problem Mark! Love how your sig line follows after mine. Knowledge is fuel!
Re: HIPAA and CRA ??? Question? You can use the HIPAA letter for problems from health care after 04/2003, however, you need todelete any references to not havig signed the release, or any rference to treatment date being prior to 04/2003. You STILL should deal only with the OC. Please remember, that in addition to the FCRA and FDCPA and HIPAA,there may be help for you in your own State's laws on Health Care Provider's Billing Practices. This regulates Hospitals and other health care providers and requires them to file their bills promptly with insurance companies and regulates over billing and duplicate billing.
Re: Re: HIPAA and CRA ??? Question? I second that, even though it's going to cost me $$$. Thanks for your help today WhyChat.
