My doc has been treating a patient for the last month for injuries that were sustained in a MVA (california chiropractor). Patient has Medpay which we told her we would bill and she also has an attorney. Patient signed a standard lien and her attorney signed the lien as well just to cover our backside if something bad happened with medpay.
Medpay did pay our claims but they issued the check out in the patients name and mailed it to the attorney.
We called USAA insurance and they said that they send checks to wherever their insured tells them to and that they had instruction from the attorney to send payment directly to attorneys office on all medical payments that are being released.
This is NOT what we agreed to with this patient! She knew we were billing medpay for direct payment!
We called the attorneys office and he said "NO! He will not release those checks. The checks are being held in a file and will be cashed and distributed upon the case settling. It would not be fair if the medpay paid all of our bills which would max out the med pay and cause none of the other doctors to be paid at all so therefore ALL medical payments from the medpay will be held by the attorney and after case settles - they will negotiate our bill with us at that time".
Can they do that??? Why in the world would my doctor want to work - be paid for her work - and then have an attorney take her money and "distribute" it amongst all medical providers for this patient? That makes no sense! I tried telling the attorney that this is NOT what the patient and doctor agreed upon and he basically said "too bad!". I said - "fine! I will send the patient a bill for amount due in full within 14 days and I'll send you a receipt of payment". He said that we could absolutely not do that because we have a signed lien on file. We will just have to wait until the case settles.
Has anyone had this happen before? Can I bill the patient? Can I demand our checks from the attorney?
Any help would be greatly appreciated as I am a little baffled that the attorney stated that we could not bill the patient because of our signed lien. This whole thing just doesnt make sense to me! Help.....anyone!!!!
I am pasting a copy of our lien:
Notice of Doctor's Lien
I hereby authorize Dr. XX, D.C. to furnish you, my attorney, with a full report of the findings of her consultation with myself in regard to the accident in which I was involved.
I hereby authorize and direct you, my attorney, to pay directly to said doctor such sums as may be due and owing him for medical services rendered me both by reason of this accident and by reason of any other bills that are due her office, and to withhold such sums from any settlement, judgment, or verdict as may be necessary to adequately protect said doctor. And, I hereby further give a Lien on my case to said doctor against any and all proceeds of my settlement, judgment, or verdict which may be paid to you, my attorney, or myself, as a result of the injuries for which I have been treated or injuries in connection therewith. This is a direct assignment of my rights and benefits to the extent of medical services provided by Dr. XX, D.C..
I fully understand that I am directly and fully responsible to said doctor for all medical bills submitted by her for services rendered and that this agreement is made solely for said doctor's additional protection and in consideration of her awaiting payment. And I further understand that such payment is not contingent on any settlement, judgment, or verdict by which I may eventually recover said fee. I also understand that this Lien shall be irrevocable either by myself or any other agent that may represent me; that in the event another attorney is substituted in this matter, the new attorney honor this lien as inherent to the settlement and enforceable upon the case as if it were executed by him.
I further grant permission to you, my attorney, to inform the said doctor of the general status of my case, including all med-pay, liability, and health insurance information.
Please acknowledge this letter by signing below and returning to the doctors office. I have been advised that if my attorney does not wish to cooperate in protecting the doctors interest. The doctor will not await payment but may declare the entire balance due and payable.
Dated Patient Signature
The undersigned, being attorney of record for the above patient, does hereby agree to observe all the terms of the above and agrees to withhold such sums from any settlement, judgment, or verdict, as may be necessary to adequately protect said doctor, named above, and to issue such sums withheld directly to said doctor.
Dated Attorneys Signature
Attorney: Please sign, date and return one copy to the above office. Also keep one copy for your records. A photocopy of this document shall be considered as effective and valid as the original document.
Medpay did pay our claims but they issued the check out in the patients name and mailed it to the attorney.
We called USAA insurance and they said that they send checks to wherever their insured tells them to and that they had instruction from the attorney to send payment directly to attorneys office on all medical payments that are being released.
This is NOT what we agreed to with this patient! She knew we were billing medpay for direct payment!
We called the attorneys office and he said "NO! He will not release those checks. The checks are being held in a file and will be cashed and distributed upon the case settling. It would not be fair if the medpay paid all of our bills which would max out the med pay and cause none of the other doctors to be paid at all so therefore ALL medical payments from the medpay will be held by the attorney and after case settles - they will negotiate our bill with us at that time".
Can they do that??? Why in the world would my doctor want to work - be paid for her work - and then have an attorney take her money and "distribute" it amongst all medical providers for this patient? That makes no sense! I tried telling the attorney that this is NOT what the patient and doctor agreed upon and he basically said "too bad!". I said - "fine! I will send the patient a bill for amount due in full within 14 days and I'll send you a receipt of payment". He said that we could absolutely not do that because we have a signed lien on file. We will just have to wait until the case settles.
Has anyone had this happen before? Can I bill the patient? Can I demand our checks from the attorney?
Any help would be greatly appreciated as I am a little baffled that the attorney stated that we could not bill the patient because of our signed lien. This whole thing just doesnt make sense to me! Help.....anyone!!!!
I am pasting a copy of our lien:
Notice of Doctor's Lien
I hereby authorize Dr. XX, D.C. to furnish you, my attorney, with a full report of the findings of her consultation with myself in regard to the accident in which I was involved.
I hereby authorize and direct you, my attorney, to pay directly to said doctor such sums as may be due and owing him for medical services rendered me both by reason of this accident and by reason of any other bills that are due her office, and to withhold such sums from any settlement, judgment, or verdict as may be necessary to adequately protect said doctor. And, I hereby further give a Lien on my case to said doctor against any and all proceeds of my settlement, judgment, or verdict which may be paid to you, my attorney, or myself, as a result of the injuries for which I have been treated or injuries in connection therewith. This is a direct assignment of my rights and benefits to the extent of medical services provided by Dr. XX, D.C..
I fully understand that I am directly and fully responsible to said doctor for all medical bills submitted by her for services rendered and that this agreement is made solely for said doctor's additional protection and in consideration of her awaiting payment. And I further understand that such payment is not contingent on any settlement, judgment, or verdict by which I may eventually recover said fee. I also understand that this Lien shall be irrevocable either by myself or any other agent that may represent me; that in the event another attorney is substituted in this matter, the new attorney honor this lien as inherent to the settlement and enforceable upon the case as if it were executed by him.
I further grant permission to you, my attorney, to inform the said doctor of the general status of my case, including all med-pay, liability, and health insurance information.
Please acknowledge this letter by signing below and returning to the doctors office. I have been advised that if my attorney does not wish to cooperate in protecting the doctors interest. The doctor will not await payment but may declare the entire balance due and payable.
Dated Patient Signature
The undersigned, being attorney of record for the above patient, does hereby agree to observe all the terms of the above and agrees to withhold such sums from any settlement, judgment, or verdict, as may be necessary to adequately protect said doctor, named above, and to issue such sums withheld directly to said doctor.
Dated Attorneys Signature
Attorney: Please sign, date and return one copy to the above office. Also keep one copy for your records. A photocopy of this document shall be considered as effective and valid as the original document.
