Medical collections may
become more difficult for collection agencies
Ah,
the unpaid medical bills. We all dread it, but most of us
at some time will end up with unpaid medical bills. Medical collections
may have become a little more diffcult to collect because of privacy
rules with medical laws.
The HIPPA
privacy rule requires a "business associate" (collection
agency or billing firm) to reasonably limit the amount of
information disclosed for such purposes to the minimum necessary
as well as to abide by reasonable requests for confidential communications.
This could be a loophole for debtors
against collection agencies because collection employees often know
less about their industry restrictions than does the debtor. This
could lead to privacy and HIPPA violations - and eventually case
law to support such violations.
If collection agency
employees are not careful, they could lose out on collecting medical
debts by inadvertently knowing too much about the debtor's medical
condition. This will no doubt lead to many consumers seeking that
the debts be pulled back by the medical provider to avoid potential
suits against the provider.
Debtor's who know how
to protect themselves will use this provision to threaten collectors
and gain the upper hand in settling the debt without it hitting
their credit reports. Basically, debtors who discover that the collector
knows their diagnosis and treatment will threaten the agency that
their privacy has been violated. The agency, wanting to avoid unnecessary
suits will most likely agree to remove the negative entry on the
consumers credit report by agreeing to settle with such terms. The
debtor will gain a clearer credit report by having the item removed
rather than listed as "paid collection".
An unpaid medical bill on your credit
reports can seriously affect your credit score. Medical bills,
unpaid, are a negative rating in your credit history and unfortunately
most of the time we dont know they're unpaid until they've landed
in collections. By that time, it makes less sense to simply pay
it because the harm to your credit score has already happened. If
this happens to you, you need to negotiate
the credit rating with the bill collector before you pay or
promise to pay. If you dont, you could be renewing
the statute of limitations which determines how long the
medical bill is collectible. You can check your SOL here.
Filing a HIPPA Complaint
If you believe that your privacy pertaining
to your medical history has been unlawfully accessed, you can file
a HIPPA complaint. Click here to read all about filing a HIPPA
(Health insurance portability accountability act) complaint. HIPPA
prohibits any retaliation against you. Under HIPAA, an entity cannot
retaliate against you for filing a complaint.
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