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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90256
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is there a new law July 1 2013 that a doctor must file personal

Customer Question

Is there a new law July 1 2013 that a doctor must file personal injury claims with the patients medical health insurance first and then the auto policy?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

While the doctor may have a new policy to file personal injury claims with the patient's medical insurance first, there is no new VA law mandating they file with the health insurer first. The reason doctors want to file with personal insurance is because they are more likely to pay while auto insurers take a long time to pay and fight claims.



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Customer: replied 1 year ago.


There is no way that you did absolute research on this issue. I will investigate further myself.

Expert:  Law Educator, Esq. replied 1 year ago.
Your statement is quite disingenuous. I checked the 2011 and 2012 and 2013 VA legislative history for all bills passed and found not one bill addressing personal injury insurance payments, I do not know where you believe there would be more.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90256
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Look up 2013 House Bill 1655 VA Code section 38.2-2201


I want my money back.

Expert:  Law Educator, Esq. replied 1 year ago.
Excuse me but that certainly does NOT say what you asked. It absolutely DOES NOT say a doctor MUST file claims with personal health insurance first. This bill deals with assigning claims to the health care PROVIDER, not insurer. It says that the person would have to fill out a form and the motor vehicle insurer would be able to pay the health care provider directly.

If you actually read the bill it certainly does not state a doctor has to file with the person's health insurance first and does not say anything close to that.

It states, "Subject to certain exceptions, upon receipt of a copy of a valid assignment form, the motor vehicle insurer shall pay directly to the health care provider, from any medical expense benefits available to such person under a motor vehicle insurance policy, any copayments, coinsurance, or deductibles owed by the injured covered person to the health care provider if the covered injured person is covered under a health care policy, the health care provider is an in-network provider, and the health care provider has submitted its claim to the health insurer for the health care services." Please READ VA CODE 38.2-2201, since it does not say what you say it does.
Customer: replied 1 year ago.

Sir


My ? is a paste from your documentation. I clearly stated MUST file. Below that is where I got my information after your response. Doesn't statutory or mandatory mean MUST?



Effective July 1, 2013, we have a new law in effect that will codify the Assignment of Benefits laws and direct how the law is to be applied by both the healthcare provider and the Med-Pay carriers. The 2013 House Bill 1655 modified VA Code section 38.2-2201 and made honoring of Assignment of Benefits mandatory


Customer Question


Is there a new law July 1 2013 that a doctor must file personal injury claims with the patients medical health insurance first and then the auto policy?



PLEASE GO TO THIS LINK...


Expert:  Law Educator, Esq. replied 1 year ago.

I gave you link to the code itself. Assignment of benefits is quite different than what you asked. You asked if there was a law that made it mandatory to file with the patient's medical insurance first and that IS ABSOLUTELY NOT TRUE under the statute and I gave you the link to that statute.

I believe you might have a misunderstanding about this law. The law provides that if the patient assigns these benefits the health and car insurance both can pay the medical provider directly upon assignment and the car insurance would directly reimburse the health insurance. The law does absolutely not say that the healthcare provider must file the claim with the private medical insurance first. Please read the law itself at the link provided. It provides for situations for benefits to be assigned and for payments to be made directly to the provider and that if private health insurance is used the motor vehicle insurance will make direct payment to reimburse the private health insurance.

I think you really have misinterpreted what the law is saying as it does not MANDATE that the medical be filed with the private health insurance before the vehicle insurance.

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