UNPAID MEDICAL BILLS AND YOUR
PRIVACY-HIPAA AMENDMENTS Medical collections may become more difficult for collection
agencies to collectand useful for debtors in clearing up
their credit records.
The 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 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 debtors
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.
Debtors 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".
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