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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34788
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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ORS 743.912 Providence Health Systems of Oregon states that

Customer Question

ORS 743.912
Providence Health Systems of Oregon states that they have audited their books and found they had paid Alaska Provider in error back in 2012. Providence is now suing via small claims filed in Washington County Oregon through the use of an Oregon Collection Agency and requesting a refund of over $4800. We've cited Oregon Statute ORS 743.912 and have offered to refund only the dates of services that fall outside the 18 month limit--as we've interpreted the Statute. Providence states they had 18 months from the time they finished their audit to collect this money. We disagree but are now under time restraints due to small claims litigation.
Can someone please clarify whether Providence can go back to recoup payments made in 2012?
Thank you,
Tina, Billing Manager
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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From a purely legal perspective, you are correct as the time they discovered the error is irrelevant under the statute. It is a straight 18 months after the date the payment was made or when that specific contract expires, whichever date is earlier.
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If there was an ongoing contract with them, then they can only pursue any overpayments made within an 18 month "lookback" window from the time they filed their claim.
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thanks
Barrister