HIPPA and Collection Company
Date: Thu, 04/30/2009 - 08:43
I know they broke the HIPPA, so now what?
I don't want to sue but I do want this removed.
Tell them that you intend to sue! See if they don't cut you a de
Tell them that you intend to sue! See if they don't cut you a deal! Send the letter certified mail, quote the statutes. Make sure you do your homework. Look as professional as possible and even cc your lawyer if you have one!
According to http://www.feinsuch.com/library/Articles/HIPAA%20an
According to http://www.feinsuch.com/library/Articles/HIPAA%20and%20Health%20Care%20Receivables.htm regarding HIPPA and collection efforts:
Privacy Rule. 45 C.F.R. 164.502(a). To this extent, the Rule specifically permits a covered entity to use and disclose PHI for the purpose of ???treatment, payment and health care operations???, including the payment operations of other covered entities, without requiring prior consent of the individual. 45 C.F.R. sec.164.502(a)(1),164.506(a). The term ???payment??? includes actions taken by health care providers to obtain payment or reimbursement after providing health care to the individual, thus leaving little doubt that HHS had collection of receivables in mind when it finalized the Rule. It is important to note, however, that the Rule requires a covered entity, when utilizing PHI for payment purposes, to make a reasonable effort to use and disclose only the minimum amount of PHI as is necessary to accomplish the purpose of obtaining payment or reimbursement. 45 C.F.R. sec.164.502(b),164.514(d). Thus, covered providers must still be cautious when utilizing PHI for collection purposes in determining just how much PHI is needed to accomplish the specific goal of satisfying their account receivables.
So according to HIPPA, they can use this information. It seems the original creditor has sold the debt and information to the collection agency.
The medical provider violated HIPPA statutes by releasing your m
The medical provider violated HIPPA statutes by releasing your medical info to a 3rd party w/out your authorization. Your complaint is with the providor, not the CA.
