Is this legal?

Discussion in 'Credit Talk' started by jane, May 25, 2004.

  1. jane

    jane Well-Known Member

    Hello,

    I recently disputed a CA and received a print out today that lists all the charges, etc. I'm still trying to decipher it but from what I have seen so far I am really pissed off. This itemization includes what I consider to be really private information. Like all the tests that were done. It actually lists the tests perfomed. It also lists codes/diagnosis. Can this be done? I mean this really gives away information that I consider private and nobody's business. Why doesn't the OC (if it's medical or dental) just send the outstanding amounts w/ codes that apply to the diagnosis/test but make the code meaning unknown to the CA. Why does the CA need to know that my H had asthma, tests for blood in stool, etc. Isn't this a vagrant violation of my privacy?

    Thank you,

    Jane
     
  2. Butch

    Butch Well-Known Member

  3. jane

    jane Well-Known Member


    Hi Butch,

    So are you saying yes they can report all this or yes it's a violation? I followed your link and in reading the information that was on the cacollectors site I found this paragraph. It would appear that the OC can not give the actual medical condition or results of tests the way they did my H. Anyway, tell me what you think. I am referring to the part about disclosures being limited to name, date of service, etc.

    Thank you,

    Jane

    P.S. I look forward to your opinion on this.....................................




    "The guidelines also address the question of credit reporting a medical debt under HIPAA, stating,

    _


    Q: Does the rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

    _

    A: No. The Privacy Ruleâ??s definition of "payment" includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following PHI about the individual: name and address; date of birth; social security number; payment history; account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.
     
  4. jane

    jane Well-Known Member


    Hi Butch,

    So are you saying yes they can report all this or yes it's a violation? I followed your link and in reading the information that was on the cacollectors site I found this paragraph. It would appear that the OC can not give the actual medical condition or results of tests the way they did my H. Anyway, tell me what you think. I am referring to the part about disclosures being limited to name, date of service, etc.

    Thank you,

    Jane

    P.S. I look forward to your opinion on this.....................................




    "The guidelines also address the question of credit reporting a medical debt under HIPAA, stating,

    _


    Q: Does the rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?

    _

    A: No. The Privacy Ruleâ??s definition of "payment" includes disclosures to consumer reporting agencies. These disclosures, however, are limited to the following PHI about the individual: name and address; date of birth; social security number; payment history; account number. In addition, disclosure of the name and address of the health care provider or health plan making the report is allowed. The covered entity may perform this payment activity directly or may carry out this function through a third party, such as a collection agency, under a business associate arrangement.
     
  5. Erica

    Erica Well-Known Member

    Jane, didn't you ask them for validation of a debt? I wouldn't know what those medical codes are for, and I'd hope that any normal consumer wouldn't either. I would think that the explanations of the codes would make it easier for you to match up your records with the charges.


    IMO, they are doing what you asked of them.
     
  6. Butch

    Butch Well-Known Member

    Didn't read my recommendation did ya Erica???

    Nice to see ya - BTW.

    :)

    .
     
  7. Erica

    Erica Well-Known Member

    Re: Re: Is this legal?


    Yes, but I hate finding links and information in them so I said what you said only different. :)

    You too!
     
  8. Butch

    Butch Well-Known Member

    Right Jane,

    The "Minimum Requirement Standard" dictates that ONLY the bare mimimum amount of info. should be disclosed [to a 3rd party affiluate] to effectuate it's purpose.

    Anything more than that, such as diagnosis, IS a violation of HIPAA.

    However, there's no private right of action for the consumer.

    What you can do tho, is use it as leverage to reach a resolution with the MP. If you file a formal complaint to the HHS, they (HHS) will [probably] start asking questions the MP would rather not answer. It's expensive for them.

    Send me an email. I have a lenghty PDF file for Medical collections.

    :)

    .
     

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