More theories...need input

Is reporting to ones credit report considered collection attempt?

I was curious...putting together a theory based on this, libel and a few other things to help those of us who live in certain states with collection accounts.

a) If it is not an attempt at collections, it falls under libel until it can be proved. To prove it, one must contact the OC. Oc returns with mini miranda on any correspondence, which at THIS point would be coonsidered collection activity. Some states have requirements for collections agencies to be bonded in that particular state, etc. So, if this is violated, then there would be some recourse.

b) As far as medical collections go, many times, there is no medical release signed by the patient to turn over records to others...they will not do this without a signed release by the patient...even to attorneys for car accident victims, etc. SO, why is it common practice for hospitals and docs to turn this info (medical billing and info) over to 3rd parties, namely collection agencies.

I know there is the HIPPA law pertaining to this but the penalties aren't very stiff. However, violating privacy information is also involved in this.
Any thoughts? I think....purely speculation, that if ANY pertinent medical information is turned over except amount due, it is a violation. Often times, when docs transmit this info to CA's, the send a statement that show what was done, the cost of each...an itemized bill. Well, HEELLLOOOO...this is passing along a lot of personal and private info that no one is permitted to see except the insurance copmany and the doctor. The catch is that if they don't transmit this information, the steps for proper validation at the consumers request or for requirements to even report in on the consumers CR's don't exist.

Is this worth pondering further?

 

Aha...in TX, there is no different between oc and CA...if they are collecting a debt....per the TX FDCPA rules. The oc becomes a debt collector once there is a delinquent balance. I know this deosn't apply in all states, but TX is one of the lucky ones.

 

One more thing, I know that hippa and fdcpa are non-related...however, as resolution for violating hippa, by contacting doc and including payment in full, many times, deletion can be accomplished.

There are no ramifications or stiff penalties, like I said, but if writing a letter and paying a bill that is truly due will get a baddie, off the report, it's totally worth it.

 

Thanks whychat...your hippa post is actually what got me thinking about all of this. Love the letter. Do ya think it will work on a collection I paid out of goodwill (no admission of guilt...needed to pay it for finance requirement)