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Evidence to Dispute the Collection Agency

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  • 09-06-2011, 07:37 AM
    jojojin
    How Long Keep the Record
    My question involves insurance law for the state of: New Jersey

    How long can the health insurance company keep the buyer's record?

    :grumpy:Just fund that I have collection agency on my credit report regarding a hospital bill in 2006. But I believe the health insurance had paid off in April of 2007 after I claimed and appealed. I contacted the health insurance company and they told me it was too old info to find from their computer.

    Any suggestions?

    Many thanks.
  • 09-06-2011, 08:21 AM
    SChinFChin
    Re: Evidence to Dispute the Collection Agency
    Quote:

    Quoting jojojin
    View Post
    My question involves insurance law for the state of: New Jersey


    Just fund that I have collection agency on my credit report regarding a hospital bill in 2006. But I believe the health insurance had paid off in April of 2007 after I claimed and appealed. I contacted the health insurance company and they told me it was too old info to find from their computer. The bill is still in the 6 years limitation in NJ. I need enough evidence to dispute the collection agency but I already distort all the document related the this issue. I only have the claim letter and appeal letter i wrote in 2007 left. :(

    Any suggestions?

    Many thanks.

    The easiest and most efficient way is to file a complaint with your state's "Insurance Department", if your hosptial bill is covered under insurance. See Link:

    http://www.state.nj.us/dobi/consumer.htm#insurance

    I had a problem once where the health insurance did not pay the health provider, and I filed a complaint with my state Insurance Dept., in NY. They got after the insurance company. In your case, if the amount due is within SOL, let the insurance company tell the Insurance Dept they don't keep the records that far back. Usually, they want you to start the process by contacting your insurer which you have already.

    BTW, I learned in the case of my claim, the insurance pays the health provider at a different rate than they bill you or I. I was in emergency, the bill came to over $3,500, but the health insurance finally paid, $1,700, as payment in full for the procedure. The state insurance dept notified me that according the the Insurance Company, they paid at the "insurer negotiated rate".

    Some time later, the remaining balance was sent to collections, and under the laws of NY, it is illegal to sue a patient if the claim is covered under a health insurance plan, particularly a HMO or PPO plan. The collection agency didn't care, but I also notified the local newspaper that did a followup, and the collection agency backed off, called and apologized. If they hadn't, i would've filed a further complaint with NY State that the hospital violated state Insurance Laws.
  • 09-07-2011, 09:41 AM
    jojojin
    Re: Evidence to Dispute the Collection Agency
    thanks very much for the advice.
    I still have one concern. how abut if the health insurance just told me they rejected my case and I did not claimed follow up at that time? if so my hosptial bill is NOT covered under insurance and I may not use the way you told. And as was told they don't have any other records except my simple purchase info.

    Thanks
  • 09-08-2011, 03:22 PM
    SChinFChin
    Re: Evidence to Dispute the Collection Agency
    Quote:

    Quoting jojojin
    View Post
    thanks very much for the advice.
    I still have one concern. how abut if the health insurance just told me they rejected my case and I did not claimed follow up at that time? if so my hosptial bill is NOT covered under insurance and I may not use the way you told. And as was told they don't have any other records except my simple purchase info.

    Thanks

    If this is the case, then there is another angle you can play.

    They already told you they cannot locate their records. One of YOUR RIGHTS as a debtor under law is to demand "debt validation", meaning that a "billing statement" would not do, but only evidence of what the debt is would do. They would need documentation to uphold the original debt, and I have read many cases collection agencies bring to court gets thrown out because they can't obtain "debt validation". But what they still do though is they would sue you hoping in your case, you are so scared, disorientated, and concerned "you don't have any paperwork", don't show up, and they get a default judgement.

    But wait. They are supposed to have the paperwork, and because they told you they don't have it, so your best solution is to demand they come up with it. It is their job to come up with it, NOT YOU.
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