If my insurance company misinformed my doctor that a test was covered at 100%, if it wasn’t am I liable for the payment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my insurance company misinformed my doctor that a test was covered at 100%, if it wasn’t am I liable for the payment?

My doctor’s office informed me that my insurance company would cover my sleep studies at 100%. After having the test done twice (and being assured that the second would be covered as well), the office is billing me for the entire cost because the insurance company supposedly misinformed them. The office was aware I would not have the testing done unless covered. Do I have to pay the balance? It was their mistake.

Asked on July 29, 2010 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This is difficult to answer in a "yes" or "no" way.  I am sure that you medical provider had you sign a piece of paper that said that you would pay what your insurance company did not cover.  That is a pitfall for you but do not give up yet.  Did the medical provider get a pre-approval code or a reference number for the procedure(s)?  That is generally required.  And if they did then you have a fighting chance to have the no coverage determination re-reviewed (hopefully they took names and numbers).  If they do not have a reference number or pre-approval code (if they tell you it was not required) then they need to have a paper trail as to names and numbers they spoke with at the insurance company.  If you relied on them to pre-approve the procedure and they told you that it was covered then I would fight them tooth and nail.  They may sue you and you may have to pay something (a co-pay amount maybe) but do not give in at this stage.  Wait and see if they back down or "reduce" their fee.  Then re-asses the matter.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption