Legal Question in Credit and Debt Law in California

Medical Corporation incorrectly filed claim to my insurance company, am I liable

I was never notified that there was an unpaid medical bill of some $300.00. I am fully insured for normal medical services under my health insurance. Let me start at the beginning, my doctor's office is now in bankruptcy. It turned over my account to a collection agency. I never knew there was an unpaid bill until the collection agency started sending me invoices. I immediately researched with my ins. claim admin. and found out that the original medical bill, more than 2 years old, was submitted by the doctor's office clerk with a wrong code for provider, resulting in the wrong doctor's name appearing on it who was not on the list of authorized providers. Then it took several more months and several more submissions, all with errors, from the doctor's office to the claim admin. By that time my insurance claim admin. rejected the claim for timeliness.

Am I liable for something not under my control like the accuracy of the claim and when it is filed? When they were about to go bankrupt, two such errors were made on newer medical bills, I paid them up front (about $180.00) and asked to be reimbursed. That did not happen, so they actually owed me! Please let me know. Thanks.


Asked on 9/18/02, 2:38 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Medical Corporation incorrectly filed claim to my insurance company, am I li

If your doctor agreed to be paid by insurance, he had a duty to submit a proper claim. If, on the other hand, he was simply doing you a courtesy in submitting a claim to your insurance company, but was looking all along to you for payment, you still owe his office the money.

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Answered on 9/18/02, 7:42 pm


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