Collection Agency is threating me to put a debt (I have already paid) on my credit report?

The health insurance took about 6 months to get ready the E.O.B. A month after that, a collection agency contacted me telling me I had to pay them with my credit card. I called the doctor%26#039;s office and they said they had not put it through a collection agency yet (2 months later, they say they did). Point is, I told the agency I needed evidence, a bill send to my physical address or a fax to confirm their existence. They never sent anything. So I have no bill, letter, or anything from the collection agency except for phone calls asking for money. I paid my debt 2 months after receiving the first call of the collection agency. They are still calling and threating me to put it on my credit report if they cannot verify I have paid. The doctor%26#039;s office is not giving me a confirmation number, but I have it on my bank statement. I don%26#039;t want to send them a bank statement because they have not sent me anything physical. Can they put this on my credit report? Can I take legal action?

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

Insurance paid their part and you paid your part? You paid your part to the medical provider?

If you paid the original medical provider the %26quot;full%26quot; amount that you were required to pay, then you should put the pressure on the medical provider.

If you had paid the original medical provider, not the collector, then you have rights under HIPAA in that the original medical provider %26quot;must%26quot; recall the account from the collector and demand that the collector remove everything in their own files (and what they placed on your reports, if they have/do)

If you paid the collector then you would have waived your rights under HIPAA.

If you failed to pay the original medical provider the full amount that was due by you then you cannot claim your rights under HIPAA until the full amount you owe is paid.

(this does not include the amount due to be paid by insurance IF you had given the medical provider your insurance info)

A couple of things you should do first

Contact your insurance provider and request an accounting, in writing, of the claim that was filed and what they had paid.

Go to your bank and request a copy of the check (front and back) that you wrote to the original medical provider.

If insurance did not pay the claim you need to find out why.

If it was because the medical provder failed to file a claim, failed to file properly, etc.

Then you need to look at the back of the check to see who endorsed the check. If the medical provider endorsed it or if the medical provider turned the check over to the collector and the collector endorsed it.

If insurance has not paid because of errors by the original medical provder (fail to file, file incorrectly, etc) then you need to find out from the insurance company if the medical provider still has the time to file a proper claim.

(if it is to late to file the claim and the problem why it wasn%26#039;t filed is because of the medical provider - then they snoozed and lost and that part of the bill is no longer valid)

If the medical provider endorsed your check than you are sitting pretty, if the medical provider turned it over to the collector and the collector is the one who endorsed it than you may have problems trying to use your HIPAA rights.

Okay, if the insurance paid what they were supposed to and if you had paid what you were supposed to pay. If the medical provider endorsed the check - then the medical provider would not be in compliance with your states Privacy Act and HIPAA by furnishing the account information to the collector (and if the collector places it on your credit reports).

They would be violating (HIPAA) Public Law 104-191 (and your states Privacy Act) since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due.

There is a letter that you can use to send to the original medical provider, a letter for the CRA%26#039;s if the collector decides to report, follow up letters and how to file complaints (to the HIPAA Compliance Dept) if the original medical provider or CRA%26#039;s fail to comply

(all of the info and the site it%26#039;s located on is totally free to use)

You might click on my profile and click on the last link I have listed. It is to a free credit discussion board.

Do some reading in the Medical Forum where you can find the link to the HIPAA letter and other info I mentioned above.

If you have any questions on how to use the letter, you can freely ask your questions in the Medical Forum.

If the medical provider turned the check over to the collector than you can learn how to deal with the collector in that forum.

eta

Since the original medical provider was paid by both you and the insurance company - the original medical provider can be held liable for letting it remain with the collector and also for ANY and ALL violations the collector commits (the collector can also be held liable for any violations they themselves commit)

It is not up to you to deal with the collector, it is up to you to make the medical provider do their job and deal with the collector, since they obviously aren%26#039;t or won%26#039;t.

It is up to the original medical provider to recall the debt from the collector. If the medical provider refuses or fails to recall the debt then they will be in violation of HIPAA and your states Medical Privacy Act.

Be careful, by contacting the collector you %26quot;may%26quot; inadvertently waive or impede your rights under HIPAA (and your states MPA).

To avoid waiving or impeding your rights you should deal %26quot;only%26quot; with the medical provider and use your rights to legally force %26quot;them%26quot; to deal with the collector.

eta

By law when a collector provides validation, the validation information %26quot;must%26quot; come from the files of the original creditor (in this case, the medical provider)

The collector may not be sending anything because they cannot get it from the medical provider OR that they know the account is paid but are hoping you don%26#039;t know your rights or that you forgot you paid to begin with and they are trying to get you to pay again by paying them.

It wouldn%26#039;t be the first time a collector tried to get a payment on a previously paid account or to collect on a debt that they have no legal right to collect on.

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

I suggest you black out whatever it is on your bank statement you don%26#039;t want them to see and send them a copy because it will end up on your credit and even harder to get off! Do this first and if it doesn%26#039;t work then take legal action!

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

Record your conversations with any debt collector that%26#039;s harassing you and use that as proof. Also if you have your bank statement then you don%26#039;t need anything else. Never pay off debt with a credit card... you%26#039;re just paying off debt with debt. Legally they can%26#039;t tell you what to do or how to do it and especially if they%26#039;ve given you no written warning.

Good job paying it off though! Don%26#039;t let them get you down. What they%26#039;re doing is illegal and if you can record it you can play it back for them (call their number and ask for the legal department) and they%26#039;ll stop calling.

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

You have all kinds of rights . The way you put it it seems that your being wrongfully attacked. I would go here http://ftc.gov/credit get some real information on this matter. You can also post your question here http://creditinfocenter.com and you will get an very fast exact answer.

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

If they put it on your credit report, simply send a copy of your evidence of payment to the reporting agency, and they will remove the false information.

I would also contact the doctor%26#039;s office and ask for a copy of your account statement (a list of charges and credits applied to your account.) They HAVE to give it to you. It will show what they charged you for services, what the insurance company paid, and what you paid. Put that with the EOB and copy of your bank statement showing the charge (and/or copy of a canceled check) and keep it forever. FOREVER.

Collection Agency is threating me to put a debt (I have already paid) on my credit report?

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