1*One of the major selling points with HMO's is that the DOCTORS do the claim forms; 2*In their contracts with the HMO, it says this is how you process a claim, and you must process the claim this specific and certain way, in order to ensure that you get paid. 3*If the provider somehow screwed up the claim forms that they are contractually obligated to complete in a timely manner, and in a specific way, 4*AND* they don't even think to let the consumer know personally, just send it to a collection agency, when the consumer has waited for more than two years to hear from A. DOCTOR. 5*Why did I see the need to shout in the one post, because this went from a simple question, to character assassination, and frankly, I was getting hot under the collar by the tone that people who I respect GREATLY have taken on this issue. 6*But maybe what they should have done was left the check un cashed, sent the stale dated check to the provider, had the provider commit forgery to endorse the check made out in the name of A. CONSUMER, and then press criminal charges against A. DOCTOR for forgery 7*The irony is that the same people in this post who are gung-ho about there being nothing to sue for here, are the ones who think that the poster did something criminal by cashing a check made out to their name. 8*The only way that something criminal would have occurred is if the check was made out to A. DOCTOR, and they cashed the check made out to A. DOCTOR. jam237 ===================== 1*With our insurance we are not allowed to submit or fill out the claim forms: It has to be done by the providers. Therefore it's not a curtesy of the provider but their obligation. 2*Yep,and if they screw things up between themselves like this as they did in amdmps case and don't get paid it's their loss not the patients 3*It's their loss not the consumers. 4*This should never have gone to a CA because there was never a debt to send them. They screwed up and they know they screwed up and now they want the poster to pay for their mistake. 5*Along with you I was quite shocked that such esteemed members would stoop so low as to spew out such character assassination. It certainly was well below the caliber of their character . 6*Well at least that way somebody would have been guilty of the accusations loosely tossed around by the aforementioned posters.LOL 7*Yep;it's ironical that anybody would believe that. 8*This happened to me.Wrote a check to the gas company and sprint cashed it and got the money out of.
Re: Re: Medical Debt Validation Jam, I have no clue if this is the 18th post or not, I admittedly didn't count them, however, amd clarified: amd asked if it was enough to get a judgment on (first post) -- the distribution and cashing of the check is going to come up. Further, I specifically said I was not making judgment on the poster -- amd asked whether what has been provided twice now would be enough for them to secure a judgment. I posted what I believe the problems with their argument is -- they'll not win it in court unless they are going to say that child does not belong to them. Additionally, I specifically said I didn't believe there was nothing illegal about amd cashing the check, however, there is also nothing illegal about the CA pursuing enforcement either. Unless there is something, a requirement, that forces the medical provider to adhere to particular billing services, and/or the HMO, and/or accept insurance at all, as anything other than a courtesy -- it just isn't winable. Find a requirement, I wish you could, I searched for another case at CBoards for a similar situation for nearly a week -- unless it is public welfare/aid/ medicare, there is nothing that requires the doctor or insurance company to do anything at all that isn't a courtesy (not binding) and all common disclaimers and paperwork state that the patient understands and agrees they are ultimately responsible. It's easily enough a frequent and common error that you and I both know the FDCPA and FCRA both provide for -- the kid received the services and the guardian is responsible. If it's not reporting, I say leave it alone, what are they going to do, issue a summons for an 8-year old -- if so, that will take care of that case straight away. But, pushing on the validation issue, especially in this instance and with it being a medical account that have lesser evidence of debt standards in the real world, may get amd the validation and correction they don't want. Sassy
Re: Re: Medical Debt Validation Oyyyyyyyy! LBrown and Jam, I am sorry if anything I typed was read as if I was participating in a character attack or as being judgmental -- that is not my intent and I've elaborated on just that several times. Amd asked if the CA could win a judgment -- I think the check having been issued, cashed and spent would be a necessary part of any proceedings. I don't think the cashing and spending of the check is illegal BUT it is also not illegal for the CA to pursue enforcement. That's all. Amd, please accept my apologies, I hope you will re-read my posts as they were intended and have attempted to clarify. Sassy
Re: Re: Medical Debt Validation LBrown, You're on quoting, numbering, astericking overload so I'm repeating this. I don't disagree with you or Jam on the unfairness of the billing practices; however, to have a leg to stand on you have to find a requirement somewhere for them to have done something other than what has occurred, yes? Sassy
Re: Re: Medical Debt Validation I have taken my attorneys advice. Thanks for all your valuable opinions.
Re: Re: Medical Debt Validation I am sorry if I came across as "judgmental", that was not my intention. I hope that you were, at least satisfied with the quality of the medical care your child had when she needed it. Perhaps, that is my problem on this issue. I designed the HIPAA letter program so that the OC health care providers could get paid, and NOT the CA's, because I believe that health care providers perform a valuable service and SHOULD be paid for their services. Your situation is unique, your child was sick, she was treated by a Dr. the Dr. billed your HMO the correct amount, and they, for whatever reason sent the $ to you, instead of him. He obviously sent the correct billing in the correct form to your HMO, as they wouldn't have paid if he had billed incorrectly. I do not understand the logic of "punishing" the Dr who treated your child, and correctly billed to your HMO, for the HMO's "error" in sending the check to you. I hope your lawyer advised you to pay the Dr. what you owed, and I hope that the next time you or a member of your family need medical services, that they are available to you and covered by insurance.
Re: Re: Medical Debt Validation Why did I see the need to shout in the one post, because this went from a simple question, to character assassination, and frankly, I was getting hot under the collar by the tone that people who I respect GREATLY have taken on this issue. jam237 ======================== Wonder what they would have accused amdmp of had the check got lost in the mail & he never got it or cashed it ???????????????????/ ?????????????????????????????????????
Re: Re: Re: Medical Debt Validation The HMO would have re-issued the check to the Dr. when they inquired about receiving payment,instead of telling the Dr. that the payment had been made and the check cashed.
Re: Re: Medical Debt Validation AMD, It would be nice if you'd let us know what your atty. advised. You'll need to square up on the bill. However, you are correct in insisting that "after 2 years of dead silence, suddenly being contacted by a CA is NOT appropriate". Part of your "willingness" to resolve this account should require some degree of co-operation on the part of the OC as well. Your position should be, we all made a mistake. The best way to resolve this silly misunderstanding is to "withdraw the collection as reported in error", in exchange for prompt payment. Using the word; "silly (or unfortunate) misunderstanding" is critical here. It purposely dodges blaming any certain party or individual for the screw up. Get it in writing FIRST.
Re: Re: Medical Debt Validation Not placing a blame, implies an equal degree of culpability on ALL sides of the issue. This is often the BEST way to illicit mutual co-operation. By apologetic too. As in, "I'm so sorry we are ALL going through all this mess. I'm sure we ALL have better things to do". Type up an agreement, and get a money order for the amount due. Go see the OC. Sign the MO and hand it to them AFTER they sign your receipt. .
Re: Re: Medical Debt Validation I've used the expression "Unfortunate Misunderstanding" a LOT. It has fixed a LOT of problems for a lot of people.
Re: Re: Medical Debt Validation Butch, AMD isn't in a position to get a money order and pay it at the present moment. Sassy
Re: Re: Re: Medical Debt Validation My attorney has informed me that I can be sued as the parent but they may have a difficult time doing so. He told me to offer a lump sum. I am not in a position to do this. I have made payment arrangements and even though, according to the collection secretary, "I can still be sued for judgment" that is the best I can do at this time. If they decide to sue me I will fight it; but, I do not think that is what they are going to do seeing all the mistakes that have been made with this account have been pointed out by me. The CA does not understand why it is in a child's name either. I would have loved to do what you suggested Butch but apparently in NYS once it is assigned to a CA that is who you have to deal with. I asked my attorney about dealing directly with the OC and he told me this as did the CA. I think it was unfair of OC to place it in a CA's hands in the first place but that is what has happened. Whychat, you start out your sentences like "I do not wish to sound critical" or "I am sorry if I came across as "judgmental" but yet you still write in a condescending way (the last paragraph in your second to last post is full of contempt... "I hope that the next time you or a member of your family need medical services, that they are available to you and covered by insurance.") Whether or not it is intentional or maybe just your style of writing, that is how you come off. You would have been a whole lot more informative and effective had you not been attacking me with your words. I really had no intention of not paying in the first place, I just wanted to make it a difficult thing for them as they really should have billed me long before sending it to a collection office and collection attorney. I wouldn't have been so difficult had I received a bill straight from the provider. It would have been paid. See, because believe it or not, I knew that the money was not mine to keep.
Re: Re: Re: Re: Medical Debt Validation You still may be able to get this off your credit reports, after you have made the agreed on payments,you could then, if you wish to, use the HIPAA letter (insert b) if the CA retains the account o your report as a paid collection.
Re: Re: Re: Re: Medical Debt Validation Actually, whychat, I never said "that the OC had not properly submitted the claim to the HMO-you said, and others agreed,you should NOT have been billed. What I said was that the provider incorrectly billed the HMO and that if they would have billed it correctly they would have been paid directly from the HMO and I would not have to worry about any of this. I also never said that they should not have billed me. Quite to the contrary, actually, I said that they should have billed me as I have been waiting for over 2 years for such bill to arrive in the mail. I SHOULD NOT, however, have to deal with a collections agency or a collection attorney inasmuch as a bill had never been sent to me in the first place. They should have billed me first then sent it to a collection agency/attorney if I refused to pay (which I never did or even had a chance to). You still may be able to get this off your credit reports, after you have made the agreed on payments,you could then, if you wish to, use the HIPAA letter (insert b) if the CA retains the account o your report as a paid collection. Thanks for the above info. That may be useful in the future.
Re: Re: Re: Re: Re: Medical Debt Validation This is right AMD, Start building your argument now then, it won't take you long to pay this. Treat it as a separate issue. Write to the MP and ask them why they didn't bill you first. CRRR of course. lay out your case and make them provide some answers. Be firm but polite. Good luck.
Re: Re: Re: Re: Re: Re: Medical Debt Validation With out a bill how does one know what to pay???????. If there is no bill what is there to pay?
