LETTER TO COLLECTION AGENCY ON MEDICAL ACCOUNT REPORTING WITH A BALANCE DUE

LETTER TO COLLECTION AGENCY ON MEDICAL ACCOUNT REPORTING AS PAID

PLUS FOLLOW UP DISPUTE LETTER FOR BOTH TO CRA

THIS IS ONLY TO BE USED WHEN THE HIPAA LETTER TO THE OC CAN NOT BE IMMEDIATELY USED

COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST

Use this letter to notify the agency that the debt is beyond SOL, or is invalid for other reasons, and subject to the HIPAA privacy laws. Keep a copy for your files and send the letter PRIORITY MAIL with PROOF OF DELIVERY ONLY.EVEN IF YOU HAVE A STREET ADDRESS DO NOT USE CERTIFIED MAIL OR RETURN RECEIPT AS THE CAs ARE USING UPS DROP BOXES, SEND IT PRIORITY MAIL with PROOF OF DELIVERY ONLY AND PRINT OUT THE ON LINE PROOF OF DELIVERY FOR THE FOLLOW UP LETTERDo a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one PROOF OF DELIVERY TRACKING # mail #

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ PM#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter. ( DO NOT USE THIS SENTENCE IF THE ACCOUNT IS REPORTING AND YOU RECEIVED ANY INVALID RESPONSE FROM THE CA AS A RESULT OF YOUR INITIAL DISPUTE)

If you have nothing in writing use the phrase "recent communication, if you have had NO communication other than the entry on your report, use this:

"This letter is being sent to you in response to your recent fraudulent verification of an unknown medical account on my (name of CRA) report"

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt,the date of the alleged medical service, the name of the patient and that there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment. and authorization under subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. Please note that enforcement of penalties against you is covered under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009 and the penalty rules of the FCRA and FACTA including FACT Act changes final rules effective July 1, 2010. .

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with the OCR on your HIPAA violations and appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as in violation of (name of your State) medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

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Alternate Medical DV for accounts that have been PAIDTO THE REPORTING CA AND ARE BEING REPORTED AS "PAID COLLECTIONS"

( You MUST send the "medical dispute letter" FIRST and have had the account verified) Keep a copy for your files and send the letter WITH PROOF OF DELIVERY ., DO NOT USE CERTIFIED MAIL OR THE RETURN RECEIPT, EVEN IF YOU HAVE A STREET ADDRESS AS THE CAs ARE USING UPS DROP BOXES, SEND IT PRIORITY MAIL WITH PROOF OF DELIVERY ONLY AND PRINT OUT THE ON LINE PROOF OF DELIVERY TRACKING DATA FOR THE FOLLOW UP LETTER

Do a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one PROOF OF DELIVERY mail #

Do a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one PROOF OF DELIVERY mail#

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ PM#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your recent fraudulent verification of an unknown medical account on my (name of CRA) report"

This is a notice that your reported claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt . I am requesting proof that I am indeed the party you are reporting on this debt, and there was some contractual obligation which was binding on me to pay this debt.

Please attach copies of:

Agreement with your client that granted you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment. and authorization under subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES; and SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. Please note that the effective enforcement of penalties against you is under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all reporting activities.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. and a complete withdrawal, in writing, of any report to any credit reporting agency. In the event of noncompliance, I reserve the right to file charges and/or complaints with the OCR on HIPAA violations and appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes for fraudulent slander of credit and illegal reporting activities on an account that is time-barred as well as (name of your State) medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

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FOLLOW UP LETTER TO CRA SEND Priority Mail with tracking #

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute with proof of delivery mail receipt # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had no valid response.

Please advise me as to the name and address of the health care provider, the name of the patient, and the reported date of service,as any account I might have had at one time would be obsolete.

Please be advised that I am exercising my rights under FCRA 611(a)(6)(B(iii) which provides that a consumer may request “a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

If you are unable to verify and refuse to delete, I will be filing appropriate complaints against you with the CFPB for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. Please note that the effective enforcement of penalties against you for this breach is under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009 .

Additionally your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. ( Section 1031 of the Dodd-Frank Act )

I also reserve the right to include your Bureau in any legal remedies I pursue.

Very truly yours,

xxxxxx