Hi all, I'm confused about whether or not to request validation from CAs on alleged medical debt. If I've read it right, the Hipaa approach at http://whychat.5u.com/hipltr.html#DISPUTE indicates that we SHOULD NOT DO THIS, but if someone knows they've signed Hipaa waivers -- which nearly every medical provider now seems to be demanding prior to treatment -- is it wise -- or at least OK -- to demand that a CA validate the debt? If so, should this be done at the same time validation is requested from the OC? Thanks!
Still trying to sort this through. Given what I found in the government's FAQ about Hipaa (below), I'm wondering if a "prove it or lose it" letter to the CA might be in order? From: http://healthprivacy.answers.hhs.gov Question Does the HIPAA Privacy Rule prevent health plans and providers from using debt collection agencies? Does the Privacy Rule conflict with the Fair Debt Collection Practices Act? Answer The Privacy Rule permits covered entities to continue to use the services of debt collection agencies. Debt collection is recognized as a payment activity within the â??paymentâ? definition. See the definition of â??paymentâ? at 45 CFR 164.501. Through a business associate arrangement, the covered entity may engage a debt collection agency to perform this function on its behalf. Disclosures to collection agencies are governed by other provisions of the Privacy Rule, such as the business associate and minimum necessary requirements. The Department is not aware of any conflict between the Privacy Rule and the Fair Debt Collection Practices Act. Where a use or disclosure of protected health information is necessary for the covered entity to fulfill a legal duty, the Privacy Rule would permit such use or disclosure as required by law.
