Consumer complaint received 2019-06-25
Company: Commonwealth Financial Systems, Inc.
State: GA
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:
Please be advised that under Federal Statutes, The Fair Credit Reporting Act, ( 15 U.S.C. 1681 et seq ) and Georgias Consumer Credit Statutes, and 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. You may be held liable for the actions of XXXX XXXX XXXX XXXX 

Please note that the these liabilities are 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 ( a ) Duty of furnishers of information to provide accurate information. ( 1 ) Prohibition. 
( A ) Reporting information with actual knowledge of errors. 
HIPAA and Georgias Medical Privacy Statutes and the penalty provisions of the ARRA section D,  privacy provisions, the penalty rules of the HITECH Act as issued 11/30/2009 and the Omnibus Final Rule effective 09/23/2013 and the FACT Act final rules effective July 1, 2010 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 authorized 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 relates 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 COMMONWEALTH FINANCIAL is not in compliance with HIPAA, or Georgias Privacy Act, and any subsequent reporting of this account on my credit reports to XXXX, XXXX  and XXXX is a clear violation of Public Law 104-191 ( HIPAA ). 
I am requesting you promptly rescind all such account information furnished, by XXXX XXXX XXXX XXXX and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports. 

You are also 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.

I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any 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 E & O insurance carrier.

Company response to consumer: Closed with explanation