Debt verification from a collection agency

[dmikein]

What is the name of your state? IN
Good evening. Early in Feb my wife received a notice from a collection agency for a radiology group for $200. Neither my wife or I can recall ever receiving services from the group or receiving any bills. Around 2-4-08 we sent a letter to the agency requesting that they verify the validity of the debt. Specifically we asked for dates of service, types of service, documentation of orders for service, location of service, or anything that could assist me in determining if this is a legitimate debt. We also asked for billing forms and any insurance billing and payment information. I believe we am entitled to and we requested to receive a ub-92 or cms-1500 and a copy of the financial responsibility agreement per HIPAA. A couple of weeks later they sent an internal computer printout which did not provide any clarifying information, it listed the radiology group, their address, and the amount along with account numbers, codes, and other gibberish. Also, I called our insurance company and they have no record of any bills from this radiology group during the last 3 years. Around 2-12 we sent a letter stating that they had not provided adequate verification and requested the same information as above. We sent a copy of that letter a second time, 2-26, since no additional information was received. This weekend we received another bill from the collection agency.

What verification information does the collection agency have to send? May they continue to bill before providing verification? Is it a HIPPA violation not to send me the bills we requested.

Any assistance or guidance would be appreciated.

[Debt Guy]

What verification information does the collection agency have to send?

No one knows for sure. The FDCPA requires the CA to verify with the Original Creditor. But the FDCPA does not define exactly what constitutes verification. Most CAs take a minimalist view that verification is nothing more than the name and address of the OC.

The CA is not required to provide all the things you demanded except when you are in the discovery stage of litigation.

May they continue to bill before providing verification?

No. But, as you saw above, exactly what constitutes verification is highly imprecise.
so, if they think they have met the requirement, you can bet they will proceed.

Personally, I don't think an internal printout meets the criteria. But the CA can say it does. If you disagree, all you can do is file a lawsuit. There are no FDCPA cops.

Is it a HIPPA violation not to send me the bills we requested.

I know almost nothing about medical debt. I have read that the privacy requirement in HIPPA does not allow the CA to have anything that might contain information about the medical condition -- which is just about everything. So, they can't send what they don't have. But, don't go to the bank on that.


I have two thoughts for you:

1. Call the OC and ask them what this is all about. It may jog your memory. If they are nearby, go in and talk to the office manager --they are the ones who can give you copies of things.

2. This is only $200. I doubt it is killing your credit. If you don't think you owe it, just ignore it. It is highly unlikely they would sue for such a small amount. Some battles are not worth fighting.