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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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im a small physical therapy company. 1. we sent out a bill

Customer Question

i'm a small physical therapy company. 1. we sent out a bill for payment to insurance company with a healthcare lien attached. our lien was set aside and payment was made to patient and now we are having problem collecting from the patients. what should we do?
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me how much the patient owes you and if you've contacted the patient directly to inform him or her that the money is owed and to demand payment?
Customer: replied 3 years ago.

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?


Expert:  Andrea, Esq. replied 3 years ago.

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,






Customer: replied 3 years ago.

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.


Expert:  Andrea, Esq. replied 3 years ago.

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,






Expert:  Andrea, Esq. replied 3 years ago.
Good afternoon, I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional leave a positive rating, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,




Customer: replied 3 years ago.

Andrea, we want to know if personal injury protection fall under usual and customary rule.

Expert:  Andrea, Esq. replied 3 years ago.

II'm sorry, please explain what you mean by personal injury protection falling under the usual and customary rule"



Thank you,




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