Ok Quick question here........ 8 months ago received a collection notice on many accounts.... (all medical) I sent a dispute/verification request via certified mail. Never heard a peep back from them....... all of a sudden out of the blue (mind you 8 months later) i received a package in the mail from ? (wasnt sure didnt have name return name on it just an address) So i opened this up and low and behold i found all these documents/prinouts from the collection agency..... But what got me even more was they had sent me mine and childrens Medical records..... as far as what tests were done what xrays etc...... everything was there plain as daylight....... To me mine and my children had no privacy...... How can a Dr/ Hospital send a collection agency "My Personal Records" That violates me and my family..... Or CAN they?? I need to know if I can do anything about this? Should I see an attorney or what....... (these procedures where taken place in wyoming back in 1996 i now live in missouri) Anyway Any input would be great Because right now i dont know which way to turn..... 8 months of no letters no phone calls and all of a sudden Boom here it is again..... Thanks for any help/advice
wellllll.... it sounds to me like they have responded to your validation request. You did say that the collection account was for "many" accounts? Maybe the CA didn't want to breach your privacy by digging through all your files and sorting out what was applicable and what wasn't in regards to your validation request. Maybe the CA just sent you the whole shabang for you to weed through? 8 months is a long time but once records are archived it can take a while to get them all together. Especially if it's for more than one patient. Did they report this account to the CRA's during this 8 months? as far as your concerns about medical privacy....I just don't know. I have not had much need to research this but I believe I have seen reference to this recently. You may want to try a search on the subject. Sorry I couldn't be more help.
I smell blood with this one. When that doc send all that info to the CA it is possible they seriously violated HIPAA. Read this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=40803&highlight=hipaa
HIPAA allows only enough information to identify you and the amount owed. Information released beyond that is a violation. Problem is, the law is not fully in force yet. At this point, the providers and CA's are to have made "substantial progress" towards compliance, but are not required to be fully compliant yet. If you are so inclined, the medical provider may be persueded to see things your way, if you were to point out this "violation" to them. They're pretty lawsuit-adverse. Radi8
Hipaa will start to fine medical facilities in April of this year.. Cause Hipaa really isn't in effect. Also I believe that since you asked them to validate, they have the right to send your information to the CA. I have had a little training in Hipaa cause I work in a medical facility and we have changed our handeling of patient information. We can share with CA's.. and especially if it is a patient wanting validation, since it in effort to be paid for services. Goodluck.. You might still be able to threaten.. Saphire
If the collections are all from procedures done back in '96 I don't see what you are worried about. The SOL should be up on those collections and should be falling off your reports this year anyway. You asked for validation and they provided it. If you have any complaint at all it would be with the providers. I don't understand why you would want to go after them. They provided a service and they expected payment for it. Use the SOL and the fact that the collections (as far as reporting) become obsolete in a few months to make sure they come off your reports. After that just let it go. I doubt any judge would see things your way as far any invasion of privacy. Just my $.02 Gib
Hmm, I didn't mean for the previous to sound like I think you should just roll over and play dead. If the the account the CA is actively trying collect on is past the SOL (better make real sure), send a cease and desist letter. If they continue to contact you after that you will be able to nail them. Gib
Actually, HIPAA doesnt allow 'just enough to identify you' - HIPAA explicity prohibits 'uniquely identifying medical information' - this includes the 'past, present or future payments for healthcare' (ie: billing information). HIPAA doesnt go into effect until August 2003 as health care providers/insurance companies received another extension. I fully expect the deadline to be extended again - it is currently under review. The scope of this law is so broad, everyone is having compliance issues. Just because the deadline isn't until August, it is a good time to use HIPAA to have information removed. The providers do not want to appear to be violating the law and most will not know if they are in compliance or not.
Interesting discussion here. I can't help but wonder if HIPPA will prove Why Chats "law of unintended consquences" alive and well. The Ga. Legislature had the best intentions on earth when they passed that prediatory lending bill that passed unlimited liability all the way up the mortgage underwriting, servicing, and selling chain. Problem is, lenders didn't want to play. Subprime lending dried up in the state as mortgage companies refuse to underwrite poor or marginal credits. Other raised rates on things like IO mortgages popular with moderate income residents to reflect the new risk. End result, they'll likely repeal much of the legislation as a large group is now frozen out of home ownership. The same thing could happen with HIPPA. If there is increased liabilty from trying to get paid then, why accept that liability. Look for healthcare professionals to become good capitalist and start to curtail services unless you have insurance or pay at the point of service. I know one 3 person doctors group that is refusing any new patients without insurance and refusing new medicare patients as well as requiring the copay before you even go back to see a doctor. I think you'll also see doctors turning over bad accounts to lawyers a lot faster and filing their own lawsuits for payment. This could truely have the affect of raising prices and, curtailing availability of services.