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Inconsistent billing by Lasik provider

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C

cmd

Guest
What is the name of your state? Minnesota

I decided to have Lasik laser eye surgery in May 2003. My vision coverage is through "Company S", which is affiliated with "Company U", my health insurance company (and incidentally, my employer). Company S offers access to discounted laser eye surgery procedures.

I made an appointment with the provider of my choice. I told the care coordinator ("Miss H") that my vision coverage is through Company S. Company S does not issue its own identification cards, so I faxed her a copy of my Company U health insurance card. Benefits could have been verified by calling the member services number on the card. Miss H told me she had never heard of Company S and that I was not eligible for a discount.

I decided to have my surgery through this provider anyway and agreed to pay the entire cost.

In November 2003, I learned that a coworker, who has the same vision coverage through Company S, is receiving the discount for the same surgery by the same doctor at the same clinic.

I immediately contacted Company S, and was told that this is not a reimbursement, but rather a discount by the provider and that I would have to work it out with the provider.

When I spoke with the business manager ("Miss K") of the provider, she said that they have no record that I identified myself as a participant with Company S. The fact is that I did tell the Miss H that I am a Company S participant when I made the initial appointment and again when we scheduled the surgery. Miss H did not put any documentation that I was a participant with Company S in my file.

Miss K verified that they do have a copy of my health insurance card in my file, but it does not mention Company S on it anywhere. Miss K said that "Company U owns Company S but they are two different entities", so they did not call member services to verify any benefits or participation.

Miss K did say that if I had brought this matter up earlier (such as within 30 days), they'd be more amenable to issuing a refund, but because it is now 8 months later, she's only willing to "meet me half way". I argue that had I known the discount was available at the time of service, I would have pushed the issue then. I had no reason to believe that anyone was being deceptive. The reason it took so long for me to raise the issue is that I only recently learned of the error.

Miss K is going to talk to her president and call me back next week with a proposed resolution.

The discount is 20% of the $4500 fee -- $900. I feel the error was made by Miss H, and I am entitled to the entire discount.

I'm looking for some advice on how to approach this when the business manager calls me back next week. If she offers less than the full amount, what do I do? Is it worth pursuing in small claims court? They say they don't have documentation that I said I was a participant with Company S, but I don't have documentation that I did tell them, because it was verbal. It is my word against theirs.

Thank you!
 


JETX

Senior Member
"If she offers less than the full amount, what do I do?"
*** Simple answer... pay what you have already agreed to pay. There records seem to support the claim that 'company S' isn't on the paperwork and it is simply a matter of your word against theirs that the company was even mentioned.

"Is it worth pursuing in small claims court?"
*** In my opinion, no. Based solely on your post, you can't prove your claim that they should have known. Also, this is an offered discount which is completely different than a reduced contractual price.

"They say they don't have documentation that I said I was a participant with Company S, but I don't have documentation that I did tell them, because it was verbal. It is my word against theirs."
*** And the burden of PROOF would be on you.
 
C

cmd

Guest
Thanks for your response.

Just to clarify... I have already paid $4500. I'm looking for a refund of $900 (the 20% discount I should have received up front).
 

JETX

Senior Member
"I have already paid $4500. I'm looking for a refund of $900 (the 20% discount I should have received up front)."
*** And there is part of your problem.... you seem to insist that you have a RIGHT to this discount. You don't. Discounts are OFFERED by the merchant as an inducement to get your business. They are not contractually obligated to offer it to you. And certainly NOT obligated after the fact.

Let me give you an example:
Lets say that you own a restaurant and I have a meal there. After I have paid for the meal, I talk with another diner on the way out and he mentions that he got a 20% discount because he had a coupon from the paper. I remember that I also have a coupon in the car and after retrieving it, return to the restaurant and ask for my discount. As owner, are you obligated to honor the coupon AFTER the fact?? Of course not.

If you felt that your discount request was valid, you should have argued for that BEFORE agreeing to, and paying for,, the the treatment. And if you didn't like the price that they offered BEFORE, then you should have walked to another 'merchant'.

Try to get them to realize the 'marketing error' of their conduct if they do not respond to your request, but if they don't, then you will simply have to accept that not all customers are treated fairly.
 
C

cmd

Guest
Okay, using your analogy, here is how it played out:

When ordering my meal, I presented a coupon for 20% off and was told they will not honor it. I have my meal anyway and pay full price. On the way out, I talk with another diner and find out they honored his (identical) coupon. When I try get my coupon honored, management claims I never presented the coupon.


As far as arguing for the discount before treatment, I followed the procedure as laid out by the insurance company -- ask the provider if they provide a discount. The provider said no, which is untrue. I did not know that at the time.

Last night I was telling my husband about the situation. He reminded me that *he was there* when we scheduled the treatment and asked about the discount.

I understand your point, and will probably accept whatever they give me, but I'm trying to figure out what I did wrong so I can avoid such a costly mistake in the future. I guess "get everything in writing" is the lesson learned.
 

JETX

Senior Member
A more accurate example would be:

"When ordering my meal, I presented a coupon for 20% off and was told they will not honor it."

There is also a place on the ordering check for the wait-person (PC correct, you know!) to note whether the customer is presenting a coupon.

"I have my meal anyway and pay full price. On the way out, I talk with another diner and find out they honored his (identical) coupon. When I try get my coupon honored, management claims I never presented the coupon."

And management looks at the ordering check and there isn't ANY notation that I presented the coupon, nor does the wait-person remember anything about my mentioning it.

"Last night I was telling my husband about the situation. He reminded me that *he was there* when we scheduled the treatment and asked about the discount."
*** And he is an obviously biased 'witness' to the statement as the $900 'savings' would be to his benefit also.
 

JETX

Senior Member
In closing... to cmd
I do sympathize with your situation and totally agree that the doctor SHOULD accept your discount. However, the difference becomes in that they are not legally obligated to offer it AFTER the fact, even its rejection was due to their error.
 
C

cmd

Guest
Just wanted to followup and let you know what happened. The business manager called me back on Tuesday as promised. She had talked to both the president and the doctor who performed my surgery. Not only are they going to cut me a check for the entire discount, but it turns out the discount is 25% not 20%!!! So, I'll be getting a check for $1125!

Now how 'bout that?!
 

JETX

Senior Member
"Now how 'bout that?!"
*** Great news!!
Another example of a 'merchant' (doctor in this case) who clearly realizes that 'good customer relations' is more important than whether they had a legal obligation or not.
 

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