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Quick question: BUYING (Lending Tree mortgage finance) V/S LEASE? Hoping for any answer. 2nd question I got is.. 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?..

asked Feb 28 at 08:35

Skylar
's gravatar image

Skylar
23


Good question... I dunno what is the answer to your question. I'll do some poking around and get back to you if I discover an good answer. You should email the people at Lending Tree as they probably could answer your Lending Tree question..

answered Feb 28 at 10:12

Ezra's gravatar image

Ezra
559

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...

answered Feb 28 at 11:31

Dakota's gravatar image

Dakota
4833

Yes, but first of all there is no conflict between the demands of FDCPA and privacy requirements under HIPAA. In fact HIPAA specifically states that patient information can be used to further collection activity..

Secondly, since original creditors are not subject to fdcpa they do not have to validate...

answered Feb 28 at 12:49

Phoebe
's gravatar image

Phoebe
3889

The HIPAA allows collection activity by a "covered entity" or a "hybrid entity" neither of which could conceivably be construed to be a 3rd party collection agency..

In any case, even if a CA claimed to be a "hybrid entity" they would still be prevented from reporting to CRAs, as other than for insurance data(medical information bureaus) there is NO provision in the HIPAA for other divulging of health information to credit reportng agencies..

If you have the patience to wade through this VERY complex act be my guest..

Http://www.hhs.gov/ocr/regtext.html.

I guarantee this makes the FDCPA & FCRA look like "See Spot Run" in comparison...

answered Feb 28 at 13:36

Chris's gravatar image

Chris
553

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)..

answered Feb 28 at 14:54

Leonel's gravatar image

Leonel
4136

I do not guarantee that anything will work, I just provide the information..

However, in my OPINION any collection based on any health care provider service would certainly be affected by the new and VERY complex laws that all health care providers are dealing with...

answered Feb 28 at 16:00

Nasir's gravatar image

Nasir
3304

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