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

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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 13 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.


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