Consumer complaint received 2021-10-18
Company: Sequoia Financial Services
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
SEQUOIA FINANCIAL SVCS XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX HIPAA Compliance Office Dear Sir/Madam ; This letter is in reference to the following accounts : Account # XXXX - {$88.00} Account # XXXX - {$88.00} Account # XXXX - {$91.00} Account # XXXX - {$91.00} Please be advised that under Federal Statutes, The Fair Credit Reporting Act, ( 15 U.S.C & 1681 et seq ) and Californias Consumer Credit Statues , subtitle D of the ARRA, SEC. 13401. APPLICTION OF SECURITY PROVISION 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. You may be held liable for the actions of XXXX XXXX. 

Please note that these liabilities are under the penalty rules of the Omnibus Final Rule effective XX/XX/XXXX interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of XXXX ( HITECH Act ) as issued XX/XX/XXXX ( a ) Duty of furbishers of information to provide accurate information. 
( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors HIPAA and Californias Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions, the penalty rules of the HITECH Act as issued XX/XX/XXXX and the Omnibus Final Rule effective XX/XX/XXXX and the FACT Act final rules effectively XX/XX/XXXX are in effect in this situation. 

The Privacy rules prohibits a covered entity from using or disclosing an individuals protected health information ( PHI ) unless specifically authorize by the individual or otherwise allowed under the Privacy Rules. 

In general, PHI encompasses substantially all individually identifiable health information that is transmitted or maintained in any medium. Individually identifiable health information includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that related to an individuals physical or mental health or condition, including information related to an individuals care or the PAYMENT for such care. 

Your furnishing of my account information to a debt collection agency is not in compliance with HIPAA, or Californias Privacy Act, and any subsequent reporting of this account on my credit reports to XXXX, XXXX and/or XXXX is a clear violation of Public Law 104-191 ( HIPAA ). 

You are advised that you may be in violation of the Notice of Proposed Procedures for Charitable Hospitals to Correct and Disclose Failures to Meet Section 501 ( r ) of the Affordable Care Act. 

Please respond in writing within 10 days acknowledging that you are processing this request. 

I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities and lack of cooperation or compliance with this request. 

I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your XXXX XXXX XXXX insurance carrier. 


Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation