If my insurer cut a check “paid to me” for the amount a doctor submitted but thenagreed to reduce, canI keep the balance?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my insurer cut a check “paid to me” for the amount a doctor submitted but thenagreed to reduce, canI keep the balance?

Asked on October 20, 2010 under Insurance Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

That would not be a good idea.  If your insurer is reimbursing you for a bill that you have submitted or paying you to pay the doctor's bill, it would be fraud or misrepresentation of some sort on your part to keep the balance.  You can do one of two things: cash the check and then refund that portion to the insurance company for the overage or you can send it back with the new bill and ask that the insurance company and ask them to re-write the check.  It is in your best interest for you to be on the up and up about this. It could come back to haunt you in the end. 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 with SHA-256 Encryption