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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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I need legal help in writing a billing dispute letter. On

Customer Question

I need legal help in writing a billing dispute letter. On 6/13/16 I took my 8-year-old son to a clinic that claims to have a physician 9am-9pm daily (printed on website and business card). I told the receptionist my son has a broken toe and asked if the clinic is equipped to take x-ray and treat broken bones. I told them we do not have medical insurance and avoided going to the ER to cut the cost, waited to get treatment until the Monday morning that it was that day (and there did not seem to be any emergency). They confirmed they have a doctor and they treat broken bones. I made the appointment and once we were admitted into the exam room, a nurse took my son's vitals/weight/height, etc. and then a nurse practitioner showed up. I requested an MD immediately and she stepped out to see if she could find one. She came back to inform me that they did not have an MD on that particular day and she offered to take an x-ray, send it to a radiologist, and then send us a referral to an Orthopedic doctor by the next day. I reiterated to them that I made the appointment to get the treatment there and they now say they refer me to get treatment elsewhere and charge me $165 for it. I reminded them, like I had told them at the time of intake, my son did not have medical insurance and I did not go to the ER on 6/11 when he broke his toe to cut the cost, waited for the Monday morning to get treatment when a doctor is available during regular hours. As I left the clinic, I requested that a manager gives me a call to hear my complaint. I called an Orthopedic Surgeon on the same day and my son received exam+x-ray+treatment+a boot all for $150. This clinic was misleading in that they did not have an MD and they did not treat broken bone. They are also overcharging in comparison to a specialist doctor fee I ended up paying that I have as an evidence. I did not receive a bill or statement in the mail from this clinic. Then, I received a call on 8/4/16 informing me that I have an unpaid balance of $165 for the clinic visit on 6/13/16. I spoke to a supervisor over the phone and disputed the bill. I asked what service they provided to bill me. They simply said it is a clinic visit whether we received a treatment/care or not. I told them that I will follow up with a dispute. What rights do I have?
Submitted: 4 months ago.
Category: Legal
Expert:  Maverick replied 4 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 4 months ago.

You may want to let them know that you will sue them under the IL Consumer Fraud Act. In Gadson v. Newman, 807 F. Supp. 1412 (C.D. Ill. 1992), the United States District Court for the Central District of Illinois found that the Illinois Consumer Fraud Act, Ill. Rev. Stat. ch. 1211/2, para. 261 (1991), applied to medical professionals engaging in fraudulent conduct.

Illinois also allows for the award of attorney fees to the “prevailing party” under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), 815 ILCS 505/10a (2008), in order to allow plaintiff consumers with small claims to bring their cases with the assistance of an attorney. Krautsack v. Anderson, 223 Ill. 2d 541, 557, 861 N.E.2d 633 (2006).

So send them this info in a letter requesting that they withdraw the bill and send you confirmation in writing or you will contact a lawyer.

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