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amymaimee | Is it legal to keep a check from my health insurance company that they expect me to pay the doctor with? |
We are having a really difficult time financially. My husband gets a very large bonus in December and we will be back on track and then some. So here's my question. I recently went to the ER and the ER has billed me for $700, saying I am responsible for this, insurance is not making a payment. My insurance company just sent me a check for $700. It is made out to me and states that the provider (doctor) was out of network so they are paying me and I am to use it to pay what the doctor bills me.
Is it legal to deposit the check in my account and send him payments until december and use the extra to help us through our rough time financially.... or do I have to send the full $700 to the doctor immediately. |
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sarah314
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If you decide to do this, please realize that the hospital will be notified that the insurance company sent $700 directly to you.
So, if you try to give them a sob story about how you don't have the money and/or try to negotiate a discount with the hospital saying that you can't afford to pay the $700, they will already know that you're trying to deceive them.
I don't think that the hospital can do anything more to you than send you to collections and/or take you to court. But just be aware that they will know that you received the whole $700 from the insurer - knowing that, they may be a little more quick to pull the trigger sending you to collections than someone who truly was paying out of their own pocket. |
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acarp06
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You should be able to keep it. But don't count your chickens before they hatch. (Your husband's bonus.) You never know what else may come up financially before then and then you will be left with a $700 doctor bill plus your other debt and no way to pay it.
You just just pretend you never even had this $700 and send it straight to the doctor, hospitals can charge interest.
*edit*
As OC1999 below me said. If you can't pay and end up in court not only will you owe the orginal doctor bill of $700 (plus late fee's in interest) you will also have to pay the $700 back to your insurance plus fees. |
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mbrcatz
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You're playing with fire by not sending it in right away, in full . . .
But it's legal to keep it. The ER can charge you interest, and they can sue you for the payment - and they'll win.
Likely, if you spend it, you're going to have a hard time coming up with it in the future, and it will end up costing you more in the long run. |
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OC1999
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Yes it is legal to do, that is you won't be thrown in jail for not sending the money right away. But you might be digging yourself into more of a hole in the future.
Because the insurance company paid you the money they have met their responsibility. If for some reason you don't pay the ER and they take legal action against you, you will have no recourse or excuse in court as to why you did not pay. It will actually look very..very..very.. bad to the judge that you decided to keep the money(for what ever reason) and not pay the ER.
I would suggest that you just "bite the bullet" and pay the money to clear this from your mind. |
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Superdave
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Hello,
I agree with a couple other users becaue I work for medical insurance company. The provider already knows either by the explanation of benefits they have received or if they have contacted customer service. First you may want to contact the medical insurance company do see if they identified this error and did a stop payment on that check. They are supposed to contact you first but that doesn't always happen. Then you would get hit with a NSF fee from your bank. If the check hasn't been stopped then follow their directions. Also, the emergency room would try to put you in collections as soon as possible which would affect your credit report. Bottom line contact the insurance company and they can do stop payment and issue payment to provider as long as the medical claim form was assigned to them. If the insurance company tells you to cash it and pay the provider then do the right thing. |
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gervoi
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The check is yours, but you still legally owe the $700. If you need to wait for the bonus, the right thing to do is call the doctor and tell them you can pay on a certain date. You can use the $700 in the meantime to float you. Doctors and hospitals have heard it all ... they will be delighted to wait until then for payment in full. Speak to them, you will find them very ameanable. |
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Squat1
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It is your check, use it as you see fit. You know you owe the $700.00 and will have to pay it. |
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zippythejessi
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Well, here's the thing. The provider's already been notified that you got the check, and they have every right to expect payment from you. What you can do is call the billing manager and explain your predicament honestly. If they have a heart, they'll accept your offer of payments until the full $700 is paid, (they don't have to accept it though) but if you don't make the arrangement in advance, they can REALLY come after you for the money - meaning, send you to collection, and screw your credit, or get a judgement against you.
As for the legality of it - it's really not legal for you to keep the money at all. It's technically the provider's payment, it was just sent directly to you instead of them. The money is NOT "yours to do as you wish". |
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BizWoman
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I think you have to pay the doctor unless you have some type of supplement plan that pay your directly like AFLAC.
www.healthinfo.bravehost.com |
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Rick B
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I would think it is yours to do with as you please. Seems like a really bad idea not to use it for the intended purpose though. |
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AZBlue
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Another option... ask if the hospital will accept a lower amount as payment in full. |
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Margarita Smith
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What about if you do bankruptcy instead of paying? |
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