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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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Dear Sirs, I have encountered a problem with Quest

Customer Question

Dear Sirs,
I have encountered a problem with Quest Diagnostics, (medical lab).
On 04/01/16, I took my doctor's blood work request to Quest. I asked the lady at the counter if Quest takes Blue Cross. She responded, "yes we take everything." I proceeded in having the blood drawn.
On or about 04/18/16, I received a check from Blue Cross for $142.68 and a statement explaining that Quest is demanding $512.47.
On 04/19/16, I called Quest's billing department at(###) ###-#### Spoke to an Angela and advised of the above. She advised that Quest instructs its employees to not divulge that Quest is not a Primary Cape Provider for any insurance company that Quest is not a PCP. I reiterated that I specifically asked this question, (didn't use the special PCP phrase), of the Quest employee. She/Quest doesn't care. She explained that I owe Quest $512.47 and a bill will be forthcoming. She said my questions/complaints will be entered in their database.
I called the Jefferson County CO fraud department. They referred me to Department of Regulatory Agencies, (DORA), medical division. They referred me to Department of Public Health. who referred me to CLIA (?). There, Katie advised that they can do nothing as there was no medical malpractice and nothing deceptive by the insurance company.
On 08/10/16, I received the $515.71 bill from Quest.
It appears my problem is not an insurance or a medical related problem... it appears to simply be fraudulent/deceptive trade practices.
I have considered paying the bill & then suing Quest in Small Claims court, but, as I understand, Quest could have this suit moved to District Court, where I'd rather not go without an attorney, and where a $400 issue is impractical.
So my questions; Did Quest actually violate 15 USC sec 45? Did they violate any other federal or local statues or regulations? Which government agency, (local, state, or federal), might help? Is my trepidation with Small Claims court unfounded?
Thank you for your assistance
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am sorry to read about your difficulties. I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

So my questions; Did Quest actually violate 15 USC sec 45?

Response 1: Yes. It is unfair and deceptive act and practice for Quest to tell you that they accept all insurance without telling you that they are not PCP and therefore you would be hit with this high bill. This would also be a violation of Colorado Consumer Protection Act. See Colorado Revised Statutes Sections 6-1-101 through 6-1-115.

Did they violate any other federal or local statues or regulations?

Response 2: Colorado Consumer Protection Act. See my first response.

Which government agency, (local, state, or federal), might help?

Response 3: Colorado Attorney General's Office, Consumer Protection Division.

Is my trepidation with Small Claims court unfounded?

Response 4: Yes. Quest would also be concerned about Attorney's fees and will be less inclined to take the case to a federal Court. However, you may in the alternative not pay the bill and just let them send the account to collections and then file lawsuit against you. You can then respond to the lawsuit and also file a counterclaim against them.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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