When I was 25 and under my father's insurance, I had surgery. Now, two years later, I must have missed a small bill that insurance paid some on. I moved from home and guess didn't receive any other bills. The statute of limitations is almost up on collecting it and the hospital called my father's house and asked for him, even though he wasn't the patient, just the insurance carrier. The hospital then freely discussed the debt with him. Is that a violation of the Fair Debt Collection Practice Act or not because he was the insurance carrier? He's not responsible for the debt, just myself. It's my credit that is ruined, not his.
2007-05-31 10:16:08 · 12 answers · asked by Bluegrass Biz 2 in Business & Finance ➔ Credit
His credit does not get affected. I know this for a fact. Only mine. I was the patient, he covered me. His name was never on any bill. And I wish he would have paid the bills, seriously. I'm only concerned with their collection practices on my family. I don't care what my father knows. I just don't agree with the practices. They should be put in their place if it is unfair collection. I'll pay it, but I want to make sure they're abiding by laws at the same time.
2007-05-31 10:35:06 · update #1
No, he didn't sign any paperwork. He wasn't even there for the surgery. Every thing I did under his insurance, he was never there — eye exams, doctor's visits, dentist visits, etc. I was over 18.
2007-05-31 10:58:45 · update #2
If he had the insurance coverage, then he must have been responsible for the bill, or his insurance wouldn't have covered you. You must have been a legal dependent for insurance purposes. If so, then, of course they discussed the bill with him. And, I'd imagine that this is affecting both his and your credit.
2007-05-31 10:20:04 · answer #1 · answered by Still reading 6 · 0⤊ 0⤋
If you used his insurance, he signed for the debt when he took out the policy. The policy requires him to cover the deductible for ANY procedure covered under the policy. That makes HIM liable. Strangely enough, discussing the debt with YOU may violate the Fair Debt Collection Practices Act. I'm not sure you actually owe the money.
2007-05-31 11:55:56 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
If they at any point revealed what type of surgery you had....if you had not told your father about the surgery....this is a violation of HIPAA (Health Insurance Portability and Accountability Act ) Privacy is key. If the hospital, doctors office, WHOEVER, said anything to your father about YOUR procedure, without YOUR expressed written consent...YOU can sue the pants off them. No matter if it was your fathers insurance or not! YOU were the patient!! Threaten them with a HIPAA suit if they violated HIPAA (check out HIPAA websites).....you'll be scot free on that bill!
2007-06-04 08:45:00 · answer #3 · answered by YouGotMe 3 · 0⤊ 0⤋
Section 805 of the act expressly prohibits a debt collector from discussing your debt with a third party without your written consent. Do you have a lawyer? If not, write the debt collection agency a well-worded letter expressing your concern and pointing out that what they did was illegal and demand that they desist. Send it by certified mail. Then if it continues - I would seek legal recourse. In the meantime, try to do what you can to make a honest attempt to pay the debt so that you can repair your credit.
2007-05-31 10:23:59 · answer #4 · answered by arkiemom 6 · 0⤊ 1⤋
I don't know whether or not they violated this act or not, but why are you asking the question? Are you contemplating legal action? Do you have some other axe to grind against them? Are you afraid your father will somehow use what he learned about your credit situation against you? In my estimation, the right thing to do is to pay your debt, move on, and quit worrying about what somebody else may have done wrong. But that's just what I would do. If you want to throw a bunch of energy into getting into a confrontation with them, I guess you can do so.
2007-05-31 10:21:04 · answer #5 · answered by lmnop 6 · 0⤊ 1⤋
"the hospital called my father's house and asked for him, even though he wasn't the patient, just the insurance carrier. The hospital then freely discussed the debt with him."
If it is the hospital calling, and not a collection agency, then the FDCPA does not apply--it only applies to:
-Bonafide debt collectors
-Attorneys who function as debt collectors
-Original creditors who represent themselves as an entity that is different than the original creditor
2007-05-31 22:38:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I beleive the Statute of Limitations only applies to law suits. They can collect on the debt for as long as they want.
As far as them discussing the debt with your father, that can be kind of tricky, becuase if your insurance was under his name, then technically he is the one liable for the debt.
2007-05-31 10:20:05 · answer #7 · answered by mexifelio 2 · 1⤊ 0⤋
If your father used his insurance to cover your hospital bill, then he "had" to have signed the paperwork for it with the hospital.
Because of that, yes it would be legal for the collection agency to discuss it with him.
Actually it sounds like a twist of fate that it isn't also reporting on his reports.
2007-05-31 10:44:58 · answer #8 · answered by echo 7 · 0⤊ 1⤋
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2016-11-24 19:39:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No...he is the insurance carrier..you are under his name which means he is financially repsonsible. They can collect on him
2007-05-31 10:19:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋