[ Monday, June 04, 2012 ]
More on the Accretive Case: Al Franken puts on a show
. One interesting tidbit: now, the Minnesota AG Swanson is claiming Accretive and North Memorial didn't have a BAA in place; in fact, she's saying they "concocted" one. If so, that's definitely a HIPAA violation that can't really be argued. If I were going after someone for a HIPAA violation, that's what I'd lead off with. However, Accretive and North Memorial both say they signed one, but can't locate it, and have since signed a replacement. So there is at least some dispute about this issue.
Accretive is in the business of helping hospitals get paid for the services they provide by the people who receive and benefit from those services. Those aren't "boiler room style sales" tactics, like AG Swanson says: nothing is being sold, and no pressure is being put on people to buy something they don't want or need. These are legitimate debts for costly services truly provided to the debtors. Did some of the Accretive tactics violate fair debt collection laws? Maybe, but you sure can't tell anything definitively from the Swanson report or from Senator Franken's hearing. What you hear is a lot of bluster and name-calling and emotionally overwrought stories, and precious few facts, from the government enforcers.
There's an axiom for trial lawyers: when the facts are with you, pound on the facts; when the law is with you, pound on the law; when neither the facts nor the law are with you, pound on the table. There's a awful lot of table-pounding going on here.
Jeff [8:58 AM]
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