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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118661
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have been doing the billing for a licensed Master s level

Resolved Question:

I have been doing the billing for a licensed Master"s level clinician for her private practice. We have had a verbal agreement that she provides me with the demographics, insurance info, etc. and I get her authorizations to proceed with treatment. She then gives me diagnosis and the dates, times and type of sessions she has had and I bill the insurance companies for her sessions. I keep track of her remittances and I receive 7% of the total she receives a month. As we are not in the same office,I have only her word that she has seen the patients when and how she tells me.

However, I am beginning to believe that she may have billed for sessions that were not delivered on the dates she gave me, not necessarily to defraud anyone but because she forgot to get a pre-authoriation, or update a treatment plan. I don't believe she is intentionally doing anything unethical or illegal, but I do know she is in severe financial trouble and I am concerned about being involved.

I don't want to leave her in the lurch, but I have told her that I need to have a written contract in order to resume our relationship. With the help of RocketLawyers.com, I wrote a contract in which I think I severed any responsibility should she be sued or arrested for fraud.

I am just wondering if you can recommend a phrase or two that will indicate that I billed companies on her say-so, and have no responsibility should she be arrested or sued for fraud. I meet with her on Friday so time is of the essence.

Thanks for any help you can offer.
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years ago.
The contract should contain a clause that states something to the effect that "Clinician acknowledges that biller is to submit bills based solely on information of Clinician and has no independent knowledge of the accuracy of these bills. Furthermore, Clinician acknowledges that they are providing truthful information to biller for purpose of billing." This makes it clear that 1) you only know what you are told and 2) the clinician is promising you everything is accurate (and if it isn't then it is their problem not yours).


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