Have Legal Questions? Ask a Lawyer Now.
yes, i have contacted the patient but, what i need to know is how can i avoid the insurance company from setting aside our healthcare lien and our assignment of benefit in the future?
Hi, my name isXXXXX am another Attorney in the legal category, and I will be glad to assist you,
Before I Answer your question, please tell me the following,
1. Do you have your patients (including the one in question) sign an "Assignment of Benefit Payments" in your favor ? (Or anything of similar import that would apprise the insurance company that the patient has assigned the right to payment to you)
2. By what method do you place a lien on the insurance company payments ?
Thank you and I look forward to your reply,
1. yes we have a lien signed by our patient authorizing insurance companies to to our benefit on her behalf. 2. we always file the liens whith county office and a copy of the lien is then fax or mailed to insurance company.
Thank you for your reply,
It is not enough that the patient signs documentation allowing you to place a lien on the funds. You must also have the patients sing an "Assignment of Benefits" to you. As an added measure of security, you can include in the Assignment a statement that if the insurance company makes any checks payable to the patient, you name should also be included on the check. This way, if the check is inadvertently sent to the patient, they will not be able to cash it because you would have to endorse it.
The insurance company should not be able to set your lien aside, but if they manage somehow to set it aside, even with all these safeguards, you will have to sue the insurance company for setting aside your lien. Once you sue one or two insurance companies, the word will get around that you do not put up with this type of conduct on the part of the insurance companies, and it will no longer happen.
I realize that this is not the ideal Answer, and I wish there were a "one Step method" of preventing the insurance companies from doing this, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because when rating me, you are rating the service I have given you and not whether you like or agree with the law applicable to your situation,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
Positive Feedback and Bonus are always welcome,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
Andrea, we want to know if personal injury protection fall under usual and customary rule.
II'm sorry, please explain what you mean by personal injury protection falling under the usual and customary rule"
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).