Do I need a Guaranty from Primary Insured?Action for money had and received!

Provided by: Jennifer Kirschenbaum, Esq.

 January 26, 2017

Question:

Jennifer, 

Plenty of my patients who come in are not the primary insured, and since I'm out of network the checks for my services may go to the primary and then when the patient doesn't pay I do not know how to get paid.  How do I get paid?

Thanks, 
Dr. P


Answer: 
 
Doctor, the money for the services, assuming you have a valid assignment of benefits form from the patient, is yours.  You have a cause of action against the primary insured who received the check and cashed it.  I hope your patient forms include a right to fees associated with efforts to collect to our fee doesn't come out of the check amount on the recovery end. 

To discuss assistance with collections, contact Taryn Crimi at 516 747 6700 x. 310 or at TCrimi@Kirschenbaumesq.com.