Is it illegal for a provider to bill a work comp claim to the patient?

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Is it illegal for a provider to bill a work comp claim to the patient?

If a hospital provides a service to a patient who says they were there for a work comp claim treatment; then, is it illegal for the hospital provider to send out a bill to the patient? Even if the hospital was made aware of who the employer is and the work comp insurance carrier billing address too? Is it illegal for the hospital to continue billing the patient in this scenario? I am trying to avoid illegal activity at my place of employment. It seems we have a differing of opinion on this matter. Please let me know for sure if it is legal to bill the patient in this instance.

Asked on February 14, 2011 under Business Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

I would not say that it is "illegal" to send the patient a bill.  Who actually has to pay for a medical service is at dispute here.  But the hospital can generally bill a patient until they can sort it out.  Now, does your employer themselves pay the medical claims under their compensation policy or are the claims paid out through an insurance company?  Did the hospital bill under the statutory rate?  I understand that the law in Indiana has changed or is rather really being enforced now on settlements, etc. when it comes to worker's comp.  So I would call your state Department of Insurance to ask this question and to get some guidance on how to handle it, f you do not want to consult with a comp attorney.  Good luck.


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