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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I own a mental health practice and I have a parent claiming

Customer Question

I own a mental health practice and I have a parent claiming she made copayments each and every time but our records show she owes an additional 4 copays that she did not pay. We have asked her to show proof of payment or provide information and she is refusing saying this is our responsibility. I cannot find in our records. Can I still charge her for the copays I am showing she has not paid? I am concerned as we are contracted with insurances to take a copay per visit and due to my last office manager some copays were missed or not recorded. I need the customer to show her proof. If she has the proof, why can't she show it? I need legal advice on this matter and how I should handle it.
Submitted: 2 years ago.
Category: Business Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, I had an easy answer for you up to the point of your additional information regarding the office manager.If you simply had a question of the patient not making co-payments and you had records of all other payments (good record keeping practices to support billing practices), I would tell you that you could easily send her a bill for the overdue payments and then if necessary take her to small claims court for non-payment (breach of contract).However, if your billing practices are not very clean or clear (you have issues with a past office manager) this is going to make it a lot harder for you to do this. The burden of production is on you as the claimant/plaintiff and you are going to have to show that the amounts are outstanding, if the records are not in order, this makes it very difficult to rely on record keeping showing that payments were not made/recorded.Given the issues with your office manager, you may need to take a different tact with this patient/family and try to offer some incentive to them to get them to provide proof of payment so that you can get your records up to speed, but you cannot force them to do so.