Hipaa Judgements
hipaa judgements
A debt collector is claiming that deleting the record in exchange for payment in full is against HIPAA?
My fiance’s credit report shows a collection held by Senex Services for a medical debt. He called, did not own to the debt, since he really didn’t know what it was. They said it was for a hospital visit in 2002. He offered to pay Senex Services the full amount of the debt in exchange of deletion of record with credit agencies. They told him that they cannot do that because it is a violation of HIPAA guidelines. Can someone help me find a link proving that they are incorrect? It is my understanding that a creditor or collection agency may delete information at their own discretion up to 7 years, at which point the debt (other than judgements, etc.) is removed by credit agencies.
1. does he in fact owe the debt? he made a mistake in contacting Senex via phone, as he should have done it certified letter and asking for proof of the debt
2. now that he has made an offer, they got him on the hook for the debt, the only way to get them to delete it is if the offer is made in writing, like a contract, therefore if they fail to perform their end of the contract, they are in breach of contract and thus can be sued
3. does Senex have the legal right to collect in your state? most collection firms are out of NY and thus may not have the legal ground to collect in your state
4.HIPAA – Public Law 104-191
It’s about privacy. If the medical bill was paid, in full, to the original medical provider, there is no permissible business purpose for the medical provider to divulge protected health information to anyone (including collectors).
Meaning that the collector has no rights in keeping the info in their files or keeping it on your reports, etc.
You might do some reading in the following link
http://www.hipaadvisory.com/REGS/law/ind…
You might also click on my profile and click on the last link listed – do some reading in the medical forum.
edited to add – many, if not all, states also have strict statutes concerning medical privacy.
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Because of HIPAA, medical debts can be treated differently than general consumer debts.
If a person has a medical debt that was sent to a collector, that person “has the right”, re HIPAA, to pay the medical provider, in full.
If a person then pays the medical provider in full, the medical provider MUST follow HIPAA and state laws concerning the account.
If the person pays the collector, then they waive their HIPAA rights and it could remain on a persons reports.
