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Wont pay bill - can I sue for my time - and to not go to collections?

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LordX

Junior Member
What is the name of your state (only U.S. law)? New York

Hey all - I have a pediatrician that my son goes to.

My son was born Mid September 2011. The way the insurance policy we had works (it was a Pennsylvania policy from her company which was headquartered there) is that the bills for Sept. were to be charged to my wife until Oct. 1st when my sons name would be on the policy.

The office did not do that - and they first contacted me on Oct 14th (1 month later) with a $450 unpaid balance.

They made ME call my insurance company - who then told me how the bill needed to be submitted to the insurance company.

I then called them back relaying the info (ps - THEY would not call my insurance carrier - even though I gave them the number).

They said they couldn't do it - I said: I don't know how to help you anymore with this.

This back and forth goes on for literally months - hours and hours of my time spent.

Finally I talk with the lady - and she says: We can try sending the bill in the MAIL as opposed to electronically. THIS IS SIX MONTHS LATER!

Sure enough - the insurance company pays part of the bill as they would have back in September if this had been done.

I called the office manager when I got the bill - and said: I have spent over 10 hours doing work that wasn't needed - on something that OBVIOUSLY would have been paid if it was done right the first time by their office.

The total I owe is $222 roughly. I called the office manager - explained the situation - and told her that I think the bill is a 'wash' since I would charge at least $240 + tax for the work that I have put in.

She said - That is time the doctors have already spent on you and there is nothing we can do about that.

Well - MY time has already been spent! On something that was NOT needed!

My only concern is this: I don't want to simply not pay this and then have it go to collections**************

What are my options?

I don't mind switching pediatricians - I just don't want my credit hurt.
 


swalsh411

Senior Member
If one could successfully sue for the frustrations of moden life we would all be at the Courthouse every day.

You could have paid this bill and then submitted a claim to your insurance for reimbursement.

The first insurance was under no obligation to contact the other one on your behalf. You could have ended it all right there by paying them and then submitting your own claim. You choose not to do that.

You cannot sue for your lost time. Either pay the bill or deal with the consequences.
 

ecmst12

Senior Member
Your option is to pay the bill. They are charging you for the amount you rightfully owe according to your insurance policy. You don't get to demand a discount because you had to make a few phone calls to get the claim submitted right. I don't know why on earth you would have spent 10 hours talking about this rather than just mailing the bill to your insurance company yourself. So you are just as much to blame for the delay as they are.

Your child received the care, you owe the money.
 

tranquility

Senior Member
You owe the money, pay the bill. Your time is not compensible. Your frustration is not compensible. There is nothing you can do to prevent the doctor from turning you over to collections beyond paying the bill. The best part is:
They said they couldn't do it - I said: I don't know how to help you anymore with this.
The thing is, submitting the bill is an example of them helping you as they don't have a legal duty to do that. By getting on that very tall horse and trying to put the monkey on their back, you put yourself at risk.

Pay the bill and be done with it. It was your monkey, they didn't have to take it on to their back. (I recognize a valid negotiating strategy is to use "us", "we" and "you" rather than "me" and "I" in trying to get others to help us with our problems, but that does not make it true.)
 

LordX

Junior Member
Their office handles the insurance billing... I pay my premiums to my health insurance and that is where my obligation ends.

If they want their money - they need to file the paperwork (e.g. their bill) with the insurance company. I am not here to do THEIR work....

I am a business owner - and my time is compensated whenever I do work - ESPECIALLY work that wasn't needed in the first place.

The key here is - they didn't submit the paperwork correctly months ago.. they obviously figured it out since they got paid from the insurance company - and that proves that it was something THEY were not doing from the beginning.
 

ecmst12

Senior Member
Their office handles the insurance billing... I pay my premiums to my health insurance and that is where my obligation ends.
That is incorrect. The person ultimately responsible for making sure your bills get paid is YOU. They are not charging you EXTRA for the time it took for your insurance company to pay the bill - they are charging you the same amount that you would have owed had the bill been processed by the insurance company immediately. It is your responsibility to pay that amount, and it was your responsibility to make sure the bill got to your insurance company so they could pay it. If you had simply mailed the bill to them rather than spending hours on the phone telling THEM to do it, this would have been taken care of much sooner, and you would still owe the SAME amount.

Your doctors office bills your insurance as a COURTESY. YOU are the ultimate person responsible for payment, whether it comes out of your pocket or the insurance company's. Those papers that you signed when you consented to the treatment say just that.

Now, if you don't want to pay the bill, feel free to not pay it. But don't be surprised when your credit gets trashed, and when you get sued, you will have no defense and will lose.
 

Zigner

Senior Member, Non-Attorney
Their office handles the insurance billing... I pay my premiums to my health insurance and that is where my obligation ends.
Wrong - read your policy.

If they want their money - they need to file the paperwork (e.g. their bill) with the insurance company. I am not here to do THEIR work....
That is only a courtesy they perform on your behalf.

I am a business owner - and my time is compensated whenever I do work - ESPECIALLY work that wasn't needed in the first place.
You weren't doing this as a part of your business. Do you get paid for doing the grocery shopping? For putting gas in your personal car? For getting a haircut? The list goes on and on.

The key here is - they didn't submit the paperwork correctly months ago.. they obviously figured it out since they got paid from the insurance company - and that proves that it was something THEY were not doing from the beginning
Great! Now you owe what you owe. It really is that simple.
 

swalsh411

Senior Member
I appreciate that free time is valuable and that what you had to go through must have been very frustrating, but even if everything you said is true, your son is not entitled to free medical care because you feel your time has been wasted.
 

LordX

Junior Member
swalsh - thank you for your understanding reply. You were the only person to do so.

I ultimately spoke with the doctor in charge of the practice and worked out a mutually beneficial solution.

I was simply seeing what options I had available to me.

And yes - I was frustrated.
 

Zigner

Senior Member, Non-Attorney
swalsh - thank you for your understanding reply. You were the only person to do so.

I ultimately spoke with the doctor in charge of the practice and worked out a mutually beneficial solution.

I was simply seeing what options I had available to me.

And yes - I was frustrated.
You are welcome for the accurate answers you received. Sorry we couldn't all give you the warm&fuzzies you so desperately desire.
 

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