The only thing pertinent to this entire discussion is what info. a collection agency is entittled to receive in the collection of a medical debt. Why are we talking about all this other stuff? ???
Well for starters, how about an oc doctor or hospital violating a patients rights by sending confidential info to a ca over a $100 bill. If a patients rights were violated in a situation like this, do you think the doctor or hospital might want to pull the file from the ca and close their files on this debt in exchange for the consumer not pursuing this?
Thanks LKH for posting that here. I hadn't seen your post from before because I'm still working my way back reading! : ) I really believe that there's a suit here and there may be potential for a rather large one at that. The government really doesn't take patient confidentiality lightly.
Uniondiva, Why don't you write Christine at CreditCourt.com? She's got a page where cases can be put up with supporting documents, etc., etc. I know attorneys have (and are) reading that site - as well as sevaral CA's. Maybe someone could give you pointers (like an attorney) or have an interest in your case? http://www.creditcourt.com Mommy2cats
Uniondiva, this really sucks for you: IC 16-39-5-3 Sec. 3. (a) As used in this section, "association" refers to an Indiana hospital trade association founded in 1921. (b) Except as provided in IC 16-39-4-5, the original health record of the patient is the property of the provider and as such may be used by the provider without specific written authorization for legitimate business purposes, including the following: (1) Submission of claims for payment from third parties. (2) Collection of accounts. (3) Litigation defense. (4) Quality assurance. (5) Peer review. (6) Scientific, statistical, and educational purposes ---------- If I'm reading this right, looks like they can do whatever they want to with your records as long as they can show a legitimate reason - Although for the life of me, I cannot understand why a collection agency would need to see your medical records. I would still consult with a lawyer so you can be sure that you're getting correct advisement. It still seems like something's fishy. Perhaps the lawyer could show that there was not a legitimate business reason for them sending your records - ie, the original bills would have sufficed for collection purposes and the medical records were unnecessary for collection attempts.
That was the one and only point I was afraid of and the point that I was refering to before. I will try to submit a question to the site referenced and see if I get anything back.
You may wish to check the new privacy acts that each State has enacted recently to be in conformity, or in some cases exceed the Federal Privacy Act. I have a link to this on my website, under "misc. legal stuff" In addition, you should check your State's Statutes (civil code)for sanctions against divulging personal information for purposes of extortion or harrassment.
I contacted and wrote to a dentist a form of a nutcase letter stating I was going to sue him on a set date for the actions of his collection agency, the furnishing of confidential patient medial information and violation of state laws. I also stated since I never received validation from him or the CA I would contact the Insurance commission fraud hotline for possible fraudulent activity since this bill may have been already paid by insurance. I also stated I would contact the professional licensing commission of my state and file a complaint and request a hearing in front of them for the Dr's alleged conduct. Result?? The Dr's attorney contacted me and agreed to dismiss the bill, call off the collectors, delete from all credit files and not hold me liable now or in the future if we could sign general releases for one another. I sorta had my attorney modify mine a little to include exactly what needed to be done and when it needed to be done by. We signed the releases and they were removed within a week. I say to contact the source which would be the Dr. and put the heat on him for his agent's (Collection Agencies) actions. He will fold!! They don't want to deal with this hassle over such a little issue. My attorney told me the source is liable for his agent's actions. That means if he hired the CA and the CA is operating illegaly, then you can sue the DR for the exact same violations as you would the CA. BTW send the letter to the Dr. Certified and Registered. This way he will sign for it and know you mean business!! To make it look even better include a copy of the actual lawsuit you will file on your date that you specify! Good Luck! Tac
P.S. I have also found that by filing a Better Business Bureau complaint it does work well and gets results. Tac
As far as I know that statement is 100 % correct. I believe it is called "Law of Agency" or something very similar to that.
